Branding Trademarks and Non Proprietary Names Sample Clauses

Branding Trademarks and Non Proprietary Names. Products distributed to end users will be branded in such a manner that both Party’s logotypes will appear with approximately equal weight and size on all packaging, product inserts and accompanying literature, except to the extent the Parties otherwise agree. Unless otherwise agreed, the logotypes and brands on Products will appear approximately as follows on all packaging, labels and product inserts: [Applied Biosystems name and logotype] (Product Name) PCR Kit for use with [Cepheid name and logotype] GeneXpert® Detection Systems All representations of a Party’s Marks that the other Party intends to use will first be submitted to such other Party for approval (which will not be unreasonably withheld or delayed) of design, color and other details. The Joint Steering Committee, at equally shared expense between each Party, will be responsible for the selection, registration and maintenance of all trademarks that it employs to name or identify Products, and both Parties will own and control such trademarks jointly. Each Party hereby grants to the other Party a non-exclusive right and license to use the marks, trade names (including without limitation the names “Cepheid” and “Applied Biosystems”) and logos (collectively, “Marks”) that the Parties by mutual agreement may employ from time to time with respect to Products in connection with Cepheid’s contract manufacture and ABI’s sale and distribution of Products. Except as set forth in this Section 5.6, nothing contained in this Agreement will grant to either Party any right, title or interest Marks of the other Party. Each Party hereby agrees to defend and indemnify the other Party and hold it harmless against claims by a Third Party that the use by the other Party of a Mxxx owned by a Party in a manner expressly authorized by such Party in writing infringes intellectual property rights of such Third Party. 6. PCR and Thermal Cycler Licensing, Royalties to Roche, to ABI, and to Third Parties 6.1 General Explanation of ABI’s Licensing Program. PCR is a proprietary technology covered by several U.S. patents, including U.S. Patent Nos. 4,683,195, 4,683,202, and 4,965,188, and by issued and pending counterpart patents outside the U.S that are licensed to ABI or its Affiliates. These patents are owned by Roche Molecular Systems, Inc. a wholly owned subsidiary of the F. Xxxxxxxx Lx Xxxxx Company, and are exclusively licensed to the Applera Corporation for automated practice in the field of research and other appli...

Branding Trademarks and Non Proprietary Names