Alternative Trademarks Clause Samples
The Alternative Trademarks clause defines the rights and procedures for using substitute trademarks if the primary trademark cannot be used, for example, due to legal restrictions or conflicts. This clause typically allows a party to designate or approve alternative marks that can be used in place of the original, ensuring that branding and marketing efforts are not disrupted. Its core function is to provide flexibility and continuity in trademark usage, minimizing business interruptions caused by trademark issues.
Alternative Trademarks. In the event that STIMUVAX, [+] cannot be used for the PRODUCT in any country of the TERRITORY due to legal or regulatory or other valid reasons, MERCK shall at its discretion and cost develop and file one or several alternative trademarks in the relevant country, which will (once agreed to in writing by BIOMIRA, in a timely manner acting reasonably, as specified in section 1.1.50 of this AGREEMENT) be considered TRADEMARKS under this AGREEMENT.
Alternative Trademarks. If one or more the DUSA Trademarks cannot be used or registered in any country within the Territory for reasons beyond DUSA's control (e.g., due to objections by Third Parties or local trademark offices) or cannot otherwise be legally used to Note: Certain portions of this document have been marked "[C.I.]" to indicate that confidential treatment has been requested for this confidential information. The confidential portions have been omitted and filed separately with the Securities and Exchange Commission.
(a) an alternative trademark is cleared successfully for use and registration, (b) trademark applications are filed for the additional alternative trademark, and (c) such additional alternative trademark receives regulatory approval, then all terms and conditions of this Agreement shall apply, mutatis mutandis, to the use and registration of such alternative trademark approved [C.I.] and, thereafter the term "DUSA Trademarks" shall include such alternative trademark.
Alternative Trademarks. If one or more the DUSA Trademarks cannot be used or registered in any country within the Territory for reasons beyond DUSA’s control (e.g., due to objections by Third Parties or local trademark offices) or cannot otherwise be legally used to commercialize the Product in a country within the Territory (e.g., due to rejection by Regulatory Authorities), and if the Parties have determined that an alternative worldwide trademark is not practicable for the Product, then each Party shall have [C.I.] trademarks. [C.I.] shall then select one [C.I.] trademarks for the Product in each country in the Territory. [C.I.] will undertake the [C.I.] of conducting appropriate trademark clearance of any such selected alternative trademark for use in each such country in the Territory, and filing applications for the cleared trademark. If (a) an alternative trademark is cleared successfully for use and registration, (b) trademark applications are filed for the additional alternative trademark, and (c) such additional alternative trademark receives regulatory approval, then all terms and conditions of this Agreement shall apply, mutatis mutandis, to the use and registration of such alternative trademark [C.I.] and, thereafter the term “DUSA Trademarks” shall include such alternative trademark.