Product Trademark. Alexion shall have the right to select, and shall register and maintain, at its expense, the Product Trademark(s) as shall be used for the promotion, marketing and sale of the Product in the Territory. Alexion shall own such Product Trademark(s) and all goodwill associated therewith.
Product Trademark. The Product shall be Detailed by Sanofi in accordance with the terms and conditions of this Agreement under the Product Trademark. All use of the Product Trademark by Sanofi shall at all times inure to the benefit of Relypsa as owner of the Product Trademark. Relypsa’s corporate logo shall be used on all Product Promotional and Educational Materials and all Product packaging. Sanofi shall use the Product Trademark, other trademarks, trade names, and copyrighted materials of Relypsa only as authorized by Relypsa, and Sanofi shall take all reasonable precautions to ensure the protection of Relypsa’s rights in such trademarks, trade names and materials. During the performance of their responsibilities under this Agreement, [***] shall use [***] established practices with regard to possible Product [***] to notify Relypsa of any such possible Product [***] of which any [***] become aware. Sanofi shall not at any time use the Product Trademark, other trademarks, trade names and copyrights of Relypsa in a manner inconsistent with their established policy for use of such intellectual property unless otherwise authorized by Relypsa in advance in writing.
Product Trademark. All Products will be sold in the Territory under the Trademarks selected by Astellas in its sole discretion. The Parties acknowledge and agree that trademarks developed or used in connection with the Forest Agreement and the Almirall Agreement may not be used by the Parties in the Territory unless agreed to by Ironwood and Forest, or Ironwood and Almirall, as applicable, in writing. If so requested by Astellas, Ironwood shall not unreasonably withhold such consent, and shall encourage Forest and Almirall to grant such consent. Astellas shall solely own such Trademarks and is responsible for the filing, prosecution and maintenance of such Trademarks in the applicable country or countries within the Territory. Ironwood may reference Astellas and the Product name and display the Trademarks and logos embodying the Trademarks, as provided by Astellas ,on its website and similar promotional material for the purpose of general product and company promotion, but not, in any event, for the purpose of Commercializing the Product. Other than as set forth in the foregoing sentence, Ironwood shall have no rights to use the Trademarks except to the extent expressly agreed by Astellas in writing.
Product Trademark. All of the Licensed Product shall be sold in the Territory under the applicable Product Trademark and the ALTUS Mark as described in Section 5.7.
Product Trademark. LILLY shall own and be responsible for all Product Trademark(s) and shall at its expense, file, maintain and enforce Product Trademark for each such Ribozyme Product worldwide unless rights to such Ribozyme Product revert to RPI under Sections 4.2.1, 4.2.2, 15.4.3 or 15.4.4.
Product Trademark. 3.6.1.1 Zogenix shall market the Product in the Territory under a trademark or trademarks which Zogenix shall determine in its sole discretion (“Zogenix Trademark”).
Product Trademark. RELIANT shall encapsulate, package, distribute, market and sell the Product in the Territory under the Omacor® Trademark or, subject to PRONOVA’s consent, not to be unreasonably withheld, delayed or conditioned, any other trademark RELIANT may select. The use of the Omacor® Trademark in connection with RELIANT’s encapsulation and packaging of the Product shall be approved by [***]: 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. PRONOVA in writing in advance, such approval not to be unreasonably withheld, delayed or conditioned. RELIANT shall only use the Trademark in accordance with the specifications set forth in Schedule 1.35. The Parties shall discuss trademarks to be used for any Additional Products, but RELIANT shall be under no obligation to use any of PRONOVA’s Trademarks for any Additional Products developed by RELIANT. Other than the Trademarks, any other trademark used by RELIANT for the Product or any Additional Product shall, as between RELIANT and PRONOVA, be owned solely by RELIANT.
Product Trademark. Collaborator shall have the right, at its sole discretion, to select the trademark to be used in connection with the Commercialization of the Product in the Licensed Territory, and shall have all rights in and to such Product trademark. In case Collaborator desires to use, for the Product, the trademark(s) owned by Affymax and corresponding to the trademarks to be used for the Product in the Affymax Territory, then, Collaborator may propose to obtain a license to such trademark(s) under terms and conditions to be separately agreed upon by the Parties.
Product Trademark. RELIANT shall encapsulate, package, distribute, market and sell the Product in the Territory under the Omacor® Trademark or, subject to PRONOVA’s consent, not to be unreasonably withheld, delayed or conditioned, any other trademark RELIANT may select. The use of the Omacor® Trademark in connection with RELIANT’s encapsulation and packaging of the Product shall be approved by PRONOVA in writing in advance, such approval not to be unreasonably withheld, delayed or conditioned. RELIANT shall only use the Trademark in accordance with the specifications set forth in Schedule 1.35. The Parties shall discuss trademarks to be used for any Additional Products, but RELIANT shall be under no obligation to use any of PRONOVA’s Trademarks for any Additional Products developed by RELIANT. Other than the Trademarks, any other trademark used by RELIANT for the Product or any Additional Product shall, as between RELIANT and PRONOVA, be owned solely by RELIANT.
Product Trademark. Until such time as the Parties determine that the launch by a Third Party of a generic equivalent of the Product is imminent in the Territory (on a country-by-country basis, and based upon objective evidence shared and discussed by both Parties), all Products shall be sold in the Territory under the Trademarks selected by the JCC with advice from the Parties’ intellectual property counsel. No such Trademark shall be used outside of the country as to which it has been approved for use by the JCC or outside the Territory, unless otherwise agreed by the Parties in writing. Microbia shall own such Trademarks subject to the license granted to Forest herein, and shall be responsible for the filing, prosecution and maintenance of such Trademarks in the applicable country or countries within the Territory. If Microbia decides not to file, prosecute or maintain a Trademark in a country of the Territory, it shall give Forest reasonable notice to that effect sufficiently in advance of any deadline for any filing with respect to such Trademark in such country to permit Forest to carry out such activity. After such notice, Forest may file, prosecute and maintain such Trademark in such country. The expenses of the selection, filing, prosecution and maintenance of the Trademark shall be included as Commercialization Expense.
