Product Branding. Eton shall have the exclusive right to determine the names and trademarks, trade names, designs, logos and markings used in connection with the research, development, promotion, marketing and sale of Product in the Territory.
Product Branding. SIIPL will have [***] with respect to, the creation, development, selection, and approval of all trademarks and trade dress under which the Product is Commercialized in the SIIPL Territory, provided that SIIPL will [***] on all substantive matters relating to the creation, development, selection, and approval of the trademarks and trade dress to be used in the Commercialization of the Product in the SIIPL Territory, and will [***] with respect thereto. In addition, SIIPL will have [***] with respect to, filing, prosecuting, registering, maintaining, and protecting the trademarks and trade dress to be used to Commercialize the Product in the SIIPL Territory at [***] costs and expense.
Product Branding. 1. The Stress MTWA System hardware will include only Distributor branding.
Product Branding. 5.1 Eton shall label and package all Product in accordance with applicable laws.
Product Branding. Ciena shall promote, market, and sell the Products on a private-label basis, under Ciena’s trade names, trademarks, and logos. Ciena shall provide Supplier all necessary specifications for trademarks, logos, labeling, part numbering, and other desired product graphics, labeling and packaging requirements, and Supplier shall deliver the Products purchased under this Agreement in compliance with Ciena’s branding specifications. Ciena shall reimburse Supplier for non recurring costs for custom product branding, labeling and coding incurred by Supplier, which costs shall not exceed [*] (exclusive of any material changes to form, fit or function of the Products as defined in Telcordia GR-209 due to a specific request of an End User or by mutual agreement of the Parties). [*]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Product Branding. CloudMinds will place RED Brand or RED customer’s brand on the Products as directed by RED.
Product Branding. During the Term, Inverness Japan cannot use any hybrid packaging materials and labels bearing the trademarks or trade names of both Seller and Inverness Japan without the prior written consent of Seller. Seller and Inverness Japan shall discuss and mutually agree upon any changes to the packaging artwork, labeling artwork, packaging and labeling specifications for the Products during the Term. Inverness Japan shall be solely responsible for all costs and expenses associated with implementing any such changes, including disposing of old packaging, materials, labels, cartons or any other applicable items. **** REPRESENTS TEXT OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN FILED SEPERATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Product Branding. 6.4.1 The Product will be branded as a QIAGEN product, including identified as “manufactured by QIAGEN.” QIAGEN shall secondarily display a Xxxxxx brand on (a) the [*] component of the Product; (b) the test report (if the QIAGEN brand appears on the test report) and (c) any promotional materials for the Product. Xxxxxx may update the Xxxxxx brand to be used upon reasonable written notice to QIAGEN.
Product Branding. The Products and the packaging for the Products shall be branded with the following trademark(s) and logo(s): Chattanooga, Donjoy and Empi (collectively, "DJO Trademarks"). Supplier acknowledges that the DJO Trademarks are owned by DJO. DJO hereby grants to Supplier a non-exclusive, non-transferable license during the Term of this Agreement to apply and/or affix the DJO Trademarks to the Product packaging and/or the Products themselves. In no event shall Supplier make use of the DJO Trademarks or other proprietary marks of DJO for any purpose other than as specified herein. Supplier shall not do anything to infringe upon, harm, or contest the validity of the DJO Trademarks or other proprietary marks of DJO. Supplier agrees that it shall not use the DJO Trademarks or any other proprietary marks of DJO as part of the name under which Supplier conducts business or in any website domain name. Supplier shall not adopt, use, apply for registration, register or own the DJO Trademarks or other proprietary marks of DJO, or any colorable imitation thereof. Supplier acknowledges that it will not adopt or use any of the DJO Trademarks or other proprietary marks of DJO, in whole or in part, or any confusingly similar word or symbol, as part of Supplier's company name. It is expressly understood and Supplier acknowledges DJO's exclusive ownership in the DJO Trademarks and other proprietary marks of DJO. Supplier acknowledges that it will not acquire any right, title or interest in the words "DJO" or "Chattanooga" (either alone or in association with other words, names or symbols) or any other DJO Trademark or other proprietary xxxx of DJO by virtue of this Agreement. DJO reserves all rights in the DJO Trademarks and other proprietary marks of DJO.
Product Branding. As between the Parties, [***] will select and own trademark registrations (to the extent applicable) for all generic names, brand names, logos, trade names and domain names for, or associated with, each Product in the Territory; provided that [***] will not select generic names, brand names, logos, trade names or domain names that are similar to, or confusingly similar to, [***] trademarks (including “Xxxxxxxx” and “ARC”) without [***] prior written consent and Xxxxxxxx will not select nor register any brand names, logos, trade names or domain names that are the same as, or confusingly similar to, any those selected by [***] for each Product for use with any products of [***]. If requested by [***], the Parties will discuss in good faith the inclusion of a [***] trademark on or in the packaging or labeling of Products. [***] will control the preparation, prosecution and maintenance of trademark applications related to all such generic names, brand names, logos, trade names and domain names in the Territory, at its sole cost and expense and at its sole discretion. As between the Parties, all of the costs, expenses and legal fees in bringing, maintaining and prosecuting any action to maintain, protect or defend any trademark owned by [***] or its Affiliate or Sublicensee hereunder, and any damages or other recovery, will be [***] sole responsibility, and will be taken in its sole discretion.
