Branding and Marks Clause Samples

Branding and Marks. (a) Biogen shall select and own all trademarks and trade dress used in connection with the Commercialization of any and all Licensed Products, including all goodwill associated therewith. Neither AGTC nor its Affiliates shall use or seek to register, anywhere in the world, any trademarks which are confusingly similar to any trademarks, trade names, trade dress or logos developed by or on behalf of Biogen its Affiliates or Sublicensees in connection with any Licensed Product. For purposes of clarity, AGTC have sole responsibility for and shall be free to use any trademark, trade name, trade dress or logos developed for the AGTC Platform, even if the Parties agree to use such trademark, trade name, trade dress or logo on or with respect to a Licensed Product. (b) Biogen shall apply patent markings that meet all requirements of U.S. law Title 35 of United States Code, including without limitation, 35 U.S.C. §287, with respect to all Licensed Products subject to this Agreement. Biogen shall m▇▇▇ the Licensed Products sold in the United States with all applicable United States patent numbers. All Licensed Products shipped to or sold in other countries shall be marked in such manner as to conform with the patent laws and practice of the country of manufacture or sale. Any Licensed Products subject to Patent Rights under an Existing License Agreement that are sold or produced in the United States shall be Manufactured substantially in the United States to the extent required by applicable Law. Biogen shall take all reasonable action necessary on its part as a licensee of any Patent Rights under an Existing License Agreement to enable the Existing Licensors to satisfy their respective obligations to the United States government under Title 35 of the United States Code.