Product Marks Clause Samples
The Product Marks clause defines the rules and permissions regarding the use of trademarks, logos, or other identifying marks associated with a product. Typically, it outlines who owns the marks, how and where they may be displayed, and any restrictions on their use, such as prohibiting alteration or misuse. This clause ensures that the brand identity and reputation of the product owner are protected, while also clarifying the rights of other parties to use the marks in marketing, packaging, or promotional materials.
Product Marks. If, following any termination after the License Effective Date, BN notifies BMS in writing within [***] after the date of termination that BN wishes to acquire any Product ▇▇▇▇ used in connection with the terminated Product(s), BMS shall, subject to Section 12.7(l), assign to BN, or cause the assignment to BN of, all rights in and to such Product ▇▇▇▇ for the terminated Product(s) in the terminated Region(s), together with all associated goodwill. It is understood that such assignment shall not include the BMS name or trademark for the BMS company itself, or any other trademark owned or Controlled by BMS and not specific to a Product. BMS will provide such written confirmation and execute such instruments as BN may reasonably request to confirm BN’s title, rights and interests and will reasonably cooperate with BN in registering such assignments with appropriate Governmental Authorities. Any Product Marks that BN does not request to have assigned to it in accordance with this Section 12.7(e) shall remain the property of BMS and BMS shall be free to use such Product Marks anywhere in the world, in any manner and with any product as it may determine in its sole discretion, without further consulting BN.
Product Marks. Alliqua shall have the right to brand the Licensed Products and create all Licensed Product labels using Alliqua-related trademarks and any other trademarks and trade names it determines appropriate (including the CCT Marks as set forth in Section 8.6(b) below) for the Licensed Products, which may vary by country or within a country (collectively, the “Product Marks”). The Parties acknowledge and agree that the Licensed Products shall be co-branded as mutually agreed upon in writing by the Parties and that Alliqua shall give the proper attribution on each Licensed Product to CCT as provider of the CCT Technology or as otherwise mutually agreed upon by the Parties. The Parties shall mutually agree upon the form and substance of such attribution rights. In the event that Alliqua desires to brand a Licensed Product using an alternative name, Alliqua shall first propose such alternative name to CCT, which name may be approved by CCT in its sole discretion. For the avoidance of doubt, in no event may Alliqua brand a Licensed Product under an alternative name without the prior written consent of CCT.
Product Marks. Sanofi shall have the right to Commercialize the Products in the Licensed Territory, in accordance with Applicable Law, using (i) the corporate Trademarks of Sanofi and its Affiliates, Sublicensees and Distributors and (ii) subject to Section 11.5(a)(ii), any other Trademarks it determines appropriate for such Products in such countries (such Trademarks in clause (ii), the “Product Marks”), which may vary by country or within a country, provided that the Parties shall coordinate in good faith a global branding strategy with respect to the Products through the JCC pursuant to Section 2.4(a). Sanofi shall own all rights in the Product Marks and shall have the sole right to register, prosecute and maintain the Product Marks using counsel of its own choice in the countries and regions in the Licensed Territory that it determines reasonably necessary, at Sanofi’s cost and expense.
Product Marks. Oncoheroes may brand Product in the Licensed Field in the Territory using trademarks, logos, and trade names it determines appropriate (the “Product Marks”). Oncoheroes owns all rights in the Product Marks and shall register and maintain the Product Marks that it determines reasonably necessary, at Oncoheroes’ cost and expense.
Product Marks. Anteris shall use the Trademarks selected by V2V (each, a “Product Mark”) in the Development and Manufacture of the Products. As between the Parties, V2V will solely own all right, title, and interest in the Product Marks throughout the world, and all goodwill accruing from Anteris’s use of any Product Mark under this Agreement will inure solely to the benefit of V2V.
Product Marks. Each Party will have the right to Commercialize the Licensed Product in its respective territory using trademarks, logos, and trade names that it determines appropriate, which may vary by region or within a region (“Product Marks”). Each Party will solely own all rights, title, and interests in and to any Product Marks adopted for use with the Licensed Product in its respective territory, including all goodwill related thereto, and will be responsible for the registration, filing, maintenance and enforcement of such Product Marks in its respective territory.
Product Marks. 13.8.1 (a) GSK shall have the sole right to select, obtain and maintain any Product Marks for Collaboration Products and GSK Sole Development Products. (b) Vir shall have the sole right to select, obtain and maintain any Product Marks for Vir Sole Development Products. In the case of (a) and (b), respectively, GSK and Vir are each referred to as the “Product ▇▇▇▇ Controlling Party”, while the other Party is referred to as the “Product ▇▇▇▇ Non-Controlling Party.” The costs associated with such activities for the Collaboration Products shall be included in the Development Costs and Pre-Tax Profit or Loss calculations for the applicable Collaboration Product (excluding Sole Development Products). Upon reasonable request of the Product ▇▇▇▇ Controlling Party, the Product ▇▇▇▇ Non-Controlling Party shall provide reasonable assistance in the selection of Product Marks for a Collaboration Product. As between the Parties, GSK shall be the owner of the Product Marks for any Collaboration Product. In the case in which a Collaboration Product becomes a Vir Sole Development Product, then Vir may continue to use Product Marks selected by GSK and approved by the FDA or other applicable Regulatory Authority, provided that Vir shall not have the right to use any trademarks owned or controlled by GSK (other than the Product Marks), or that are confusingly similar to such trademarks owned or controlled by GSK.
13.8.2 If the Product ▇▇▇▇ Non-Controlling Party has a reasonable basis to believe that a Third Party is engaging in infringement of a Product ▇▇▇▇, such Party shall promptly notify the Product ▇▇▇▇ Controlling Party in writing and provide it with any evidence of such infringement that is reasonably available. As between the Parties, the Party owning the infringed Product ▇▇▇▇, or its designee, shall have the sole right and option, at its sole expense, to respond to any infringement or potential infringement with respect to such Product ▇▇▇▇ by appropriate steps, including filing an infringement suit or taking other similar action. The non-owning Party shall provide reasonable assistance to the other Party, or the other Party’s designee, at such other (owning) Party’s expense, with respect to any enforcement activities with respect to such Product ▇▇▇▇, including providing access to relevant documents and other evidence, making its employees reasonably available during business hours, and joining the action to the extent necessary to maintain the action. Any amounts ...
Product Marks. At Licensor’s request, ▇▇▇▇▇▇▇ will assign to Licensor, all worldwide rights in and to any and all Product Marks used to Commercialize each Reverted Product (but excluding any corporate names and logos of ▇▇▇▇▇▇▇), including all trademark applications and registrations therefor. [***] related to the assignments, including recordal of the same. For a period of up to [***] after the termination date, [***], (i) ▇▇▇▇▇▇▇ shall provide to Licensor the necessary information to permit Licensor to effect and perfect the transfer of the applications and registrations of the Product Marks and (ii) ▇▇▇▇▇▇▇ shall reasonably cooperate with Licensor in executing appropriate documents to effectuate the transfer or assignment for the Product Marks worldwide that are in the name of ▇▇▇▇▇▇▇ or any of its Affiliates. After such period, ▇▇▇▇▇▇▇ shall have no further obligation with respect to the matters covered by this Section.
Product Marks. 10.5.1 Bayer shall be responsible for the selection, registration and maintenance of all Product Marks including the trade name and logo to be used to Commercialize the Licensed Product in the Field in the Territory. Bayer shall own and control such Product Marks and pay all relevant costs thereto.
10.5.2 Only Bayer shall be authorized to initiate at its own discretion legal proceedings against any infringement or threatened infringement of a Product ▇▇▇▇.
Product Marks. (a) After the written consent of KNC, which shall be promptly given and shall not be unreasonably refused, OraPharma and its Sub-distributors shall have the right to develop and use during the Term all trademarks or trade names developed by OraPharma (collectively, "OraPharma Marks") in connection with the marketing, distribution and sale of the Product and will be the sole and exclusive owner of any such OraPharma Marks and the goodwill pertaining thereto;
(b) OraPharma shall have a limited license to use the trademark Epi-Guide(R), Drilac(R), and "OPLA" ("Marks") in connection with the Product during the Term of this Agreement only to the extent necessary to effect the terms of this Agreement. KNC shall continue to be the sole and exclusive owner of the Marks;
(c) Other than as set forth in Subsection 7.2(b) above, OraPharma shall not use the Marks in any manner without KNC's prior written consent. When using any of KNC's or OraPharma's Marks, OraPharma shall comply with all applicable laws and regulations relating to the use of trademarks or trade names; and
(d) KNC and OraPharma acknowledge the exclusive right, title, interest and goodwill in and to each trademark, trade name or other intellectual property right owned by the other party. Neither KNC nor OraPharma will, at any time or in any way, do or cause to be done any act, or omission, or thing to challenge, contest or in any way impair the right, title, and interest of the other party. Except as otherwise provided in this Agreement, KNC and OraPharma shall not in any manner represent that either has any rights in or to any trademark, trade name or other intellectual property right of the other party and each acknowledges that the permitted use of any trademark, trade name or other intellectual property right of the other shall not create any ownership right, title, or interest in or to any trademark, trade name or other intellectual property right of the other party.