Atrix Marks definition
Examples of Atrix Marks in a sentence
In the event a Third Party commences, or threatens to commence, a judicial or administrative proceeding against a Party to this Agreement and such proceeding claims that the Atrix Technology or the Atrix Marks infringes such Third Party's intellectual property rights, the Party against whom such proceeding is threatened or commenced shall give prompt notice to the other Party.
Any other use of the Atrix Marks shall be subject to the prior written approval of Atrix.
Notwithstanding the above, if such claim or proceeding relates to or arises from the actions, activities or omissions of CollaGenex other than the use by CollaGenex of the Atrix Technology or the Atrix Marks, then CollaGenex shall defend such claims or proceedings, at CollaGenex's sole expense, and CollaGenex shall indemnify Atrix for any liabilities, costs and expenses, including, without limitation, attorneys' fees, incurred with respect to such claim or proceeding.
The Parties covenant and agree that neither Party nor their Affiliates shall publish, employ nor cooperate in the publication of, any misleading or deceptive advertising material with regard to the Parties, or the Atrix Marks or CollaGenex's trademarks for the Products.
Subject to the terms of this Agreement, CollaGenex shall be the exclusive licensee of the Atrix Marks in the Territory and shall use the Atrix Marks in connection with the promotion, marketing and sale of the Products.
CollaGenex shall use the Atrix Marks as depicted on Exhibit E or otherwise in the exact form used by Atrix, including without limitation, the "(R)" symbol or "(TM)" symbol, as applicable.
Fujisawa shall use the Atrix Marks as -------- ** Confidential Treatment Requested depicted on Exhibit C or otherwise in the exact form designated by Atrix, including the "(R)" symbol or "(TM)" symbol, as applicable.
In the event Atrix intends to abandon the prosecution or maintenance of all or any part of Atrix Patent Rights or the Atrix Marks, Atrix shall notify Fujisawa no later than 120 days prior to the date it intends to abandon the prosecution or maintenance, as applicable, of any such Atrix Patent Rights or Atrix Marks.
Atrix shall, at Atrix's expense, maintain and protect the Atrix Patent Rights and the Atrix Marks in all countries in the Territory in which Fujisawa markets the Product; provided however, that upon written request by Atrix, Fujisawa shall, at no cost or expense to Fujisawa, provide such assistance as may be necessary to enable Atrix to comply with the administrative formalities necessary to maintain any Atrix Patent Rights or the Atrix Marks.
Fujisawa shall notify Atrix within such 120 day period that Fujisawa wishes to assume the responsibility for prosecuting and maintaining such Atrix Patent Rights or Atrix Marks, as applicable, whereupon Atrix shall permit Fujisawa, at Fujisawa's expense, to take over such prosecution and/or maintenance, as applicable and Atrix shall cooperate in any such transfer of responsibilities.