Common use of Trademarks and Patent Marking Clause in Contracts

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to Fibrocell’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell shall ensure that Fibrocell Products and Improved Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Fibrocell’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell samples of Fibrocell Product or Improved Product sold by Fibrocell or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Fibrocell in writing thereafter. Fibrocell shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.

Appears in 3 contracts

Samples: Exclusive Channel Collaboration Agreement (Castle Creek Biosciences, Inc.), Exclusive Channel Collaboration Agreement (Castle Creek Biosciences, Inc.), Exclusive Channel Collaboration Agreement (Fibrocell Science, Inc.)

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Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell Oragenics shall, and shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Oragenics Products shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to Fibrocell’s Oragenics’ reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell Oragenics shall ensure that Fibrocell Products and Improved Oragenics Products, or their respective its packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell Oragenics shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Fibrocell’s Oragenics’ use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell Oragenics acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell Oragenics covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Oragenics Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell Oragenics samples of Fibrocell Product or Improved Oragenics Product sold by Fibrocell Oragenics or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Oragenics Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.94,9, Intrexon shall notify the result of such inspection to Fibrocell Oragenics in writing thereafter. Fibrocell Oragenics shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.

Appears in 3 contracts

Samples: Exclusive Channel Collaboration Agreement (Intrexon Corp), Exclusive Channel Collaboration Agreement (Intrexon Corp), Channel Collaboration Agreement (Oragenics Inc)

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell AquaBounty shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products AquaBounty Products, as appropriate, shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to FibrocellAquaBounty’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell AquaBounty shall ensure that Fibrocell Products and Improved AquaBounty Products, or their respective packaging or accompanying literature literature, as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell AquaBounty shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, materials in order to obtain Intrexon’s approval thereof. FibrocellAquaBounty’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell AquaBounty acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell AquaBounty covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved AquaBounty Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell AquaBounty samples of Fibrocell Product or Improved AquaBounty Product sold by Fibrocell AquaBounty or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved AquaBounty Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.94.8, Intrexon shall notify the result of such inspection to Fibrocell AquaBounty in writing thereafter. Fibrocell AquaBounty shall comply with commercially reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.

Appears in 3 contracts

Samples: Channel Collaboration Agreement, Exclusive Channel Collaboration Agreement (AquaBounty Technologies, Inc.), Exclusive Channel Collaboration Agreement (AquaBounty Technologies, Inc.)

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell AquaBounty shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to Fibrocell’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell shall ensure that Fibrocell Products and Improved Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Fibrocell’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell samples of Fibrocell Product or Improved Product sold by Fibrocell or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Fibrocell in writing thereafter. Fibrocell shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. labeling for AquaBounty Products, as appropriate, shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to AquaBounty’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, AquaBounty shall ensure that AquaBounty Products, or their respective packaging or accompanying literature, as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. AquaBounty shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials in order to obtain Intrexon’s approval thereof. AquaBounty’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. AquaBounty acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. AquaBounty covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any AquaBounty Product). From time to time during the Term, Intrexon shall have the right to obtain from AquaBounty samples of AquaBounty Product sold by AquaBounty or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such AquaBounty Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.8, Intrexon shall notify the result of such inspection to AquaBounty in writing thereafter. AquaBounty shall comply with commercially reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks.

Appears in 2 contracts

Samples: Exclusive Channel Collaboration Agreement (Intrexon Corp), Exclusive Channel Collaboration Agreement (Intrexon Corp)

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to Fibrocell’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell shall ensure that Fibrocell Products and Improved Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Fibrocell’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell samples of Fibrocell Product or Improved Product sold by Fibrocell or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Fibrocell in writing thereafter. Fibrocell shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.

Appears in 2 contracts

Samples: Exclusive Channel Collaboration Agreement (Intrexon Corp), Exclusive Channel Collaboration Agreement (Intrexon Corp)

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell Genopaver shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products Genopaver Products, as appropriate, shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to FibrocellGenopaver’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell Genopaver shall ensure that Fibrocell Genopaver Products and Improved Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for appropriately identify Intrexon Patent numbersPatents. Fibrocell Genopaver shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. FibrocellGenopaver’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell Genopaver acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell Genopaver covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell samples of Fibrocell Product or Improved Product sold by Fibrocell or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Fibrocell in writing thereafter. Fibrocell shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Genopaver Product). From time to time during the Term, Intrexon shall have the right to obtain from Genopaver samples of Genopaver Product sold by Genopaver or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Genopaver Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.7, Intrexon shall notify the result of such inspection to Genopaver in writing thereafter. Genopaver shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks.

Appears in 2 contracts

Samples: Exclusive Channel Collaboration Agreement (Intrexon Corp), Exclusive Channel Collaboration Agreement (Intrexon Corp)

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell Soligenix shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products Soligenix Products, as appropriate, shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to FibrocellSoligenix’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell Soligenix shall ensure that Fibrocell Products and Improved Soligenix Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell Soligenix shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. FibrocellSoligenix’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell Soligenix acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell Soligenix covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Soligenix Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell Soligenix samples of Fibrocell Product or Improved Soligenix Product sold by Fibrocell Soligenix or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Soligenix Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Fibrocell Soligenix in writing thereafter. Fibrocell Soligenix shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.

Appears in 2 contracts

Samples: Exclusive Channel Collaboration Agreement (Intrexon Corp), Exclusive Channel Collaboration Agreement (Intrexon Corp)

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Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell Oragenics shall, and shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products Oragenics Products, as appropriate, shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to Fibrocell’s Oragenics’ reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell Oragenics shall ensure that Fibrocell Products and Improved Oragenics Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell Oragenics shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Fibrocell’s Oragenics’ use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell samples of Fibrocell Product or Improved Product sold by Fibrocell or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Fibrocell in writing thereafter. Fibrocell shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. CONFIDENTIAL TREATMENT REQUESTED BY INTREXON CORPORATION EXECUTION COPY CONFIDENTIAL Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. review and approval of the IPC. Oragenics acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Oragenics covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Oragenics Product). From time to time during the Term, Intrexon shall have the right to obtain from Oragenics samples of Oragenics Product sold by Oragenics or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Oragenics Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4,9, Intrexon shall notify the result of such inspection to Oragenics in writing thereafter. Oragenics shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks.

Appears in 1 contract

Samples: Exclusive Channel Collaboration Agreement (Intrexon Corp)

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell Soligenix shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products Soligenix Products, as appropriate, shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to FibrocellSoligenix’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell Soligenix shall ensure that Fibrocell Products and Improved Soligenix Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell Soligenix shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. FibrocellSoligenix’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell Soligenix acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell Soligenix covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Soligenix Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell Soligenix samples of Fibrocell Product or Improved Soligenix Product sold by Fibrocell Soligenix or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Soligenix Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Fibrocell Soligenix in writing thereafter. Fibrocell Soligenix shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Collaboration Agreement (Soligenix, Inc.)

Trademarks and Patent Marking. To the extent Histogenics elects to use Intrexon Trademarks in connection with Collaboration Products and to the extent permitted by applicable law and regulations, Fibrocell Histogenics shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products Collaboration Products, as appropriate, shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to Fibrocell’s Histogenics’ reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell Histogenics shall ensure that Fibrocell Products and Improved Collaboration Products, or their respective packaging or accompanying literature as **** CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. CONFIDENTIAL appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell Histogenics shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or such patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof, which approval shall not be unreasonably withheld, conditioned or delayed. Fibrocell’s Histogenics’ use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell Histogenics acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell Histogenics covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Collaboration Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell Histogenics samples of Fibrocell Product or Improved Collaboration Product sold by Fibrocell Histogenics or its Affiliates or sublicenseesSublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, solely for the purpose of inspecting the quality of such Fibrocell Products or Improved Collaboration Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.94.8, Intrexon shall notify the result of such inspection to Fibrocell Histogenics in writing promptly thereafter. Fibrocell Histogenics shall comply with reasonable policies provided by Intrexon in writing from time-to-time at least thirty (30) days prior to the due date of the obligation to comply to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Exclusive Channel Collaboration Agreement (Histogenics Corp)

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Fibrocell Oragenics shall, and shall ensure that the packaging, promotional materials, and labeling for Fibrocell Products and Improved Products Oragenics Products, as appropriate, shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to Fibrocell’s Oragenics’ reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Fibrocell Oragenics shall ensure that Fibrocell Products and Improved ProductsCONFIDENTIAL TREATMENT REQUESTED BY ORAGENICS, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Fibrocell shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Fibrocell’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Fibrocell acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Fibrocell covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Fibrocell Product or Improved Product). From time to time during the Term, Intrexon shall have the right to obtain from Fibrocell samples of Fibrocell Product or Improved Product sold by Fibrocell or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Fibrocell Products or Improved Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Fibrocell in writing thereafter. Fibrocell shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon TrademarksINC. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. Oragenics Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Oragenics shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Oragenics’ use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Oragenics acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Oragenics covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Oragenics Product). From time to time during the Term, Intrexon shall have the right to obtain from Oragenics samples of Oragenics Product sold by Oragenics or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Oragenics Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Oragenics in writing thereafter. Oragenics shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks.

Appears in 1 contract

Samples: Exclusive Channel Collaboration Agreement (Oragenics Inc)

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