Display; Product Marks. Licensee shall have the right to determine, in its sole discretion, the trademarks, trade dress, style of packaging and the like with respect to the packaging, marketing, distribution and sales of Licensed Products for use in the Licensed Field of Use, including the right, but not the obligation, to brand the Licensed Products using the Licensed Trademarks (such Trademarks other than the Licensed Trademarks, the “Licensee Product Marks”). Licensee shall own all rights in the Licensee Product Marks and shall register and maintain the Licensee Product Marks in the jurisdictions it determines reasonably necessary at its own cost and expense.
Display; Product Marks. Licensee shall have the right to determine, in its sole discretion, the trademarks, trade dress, style of packaging and the like with respect to the packaging, marketing, distribution and sales of Licensed Products for use in the Licensed Field of Use, including the right, but not the obligation, to brand the Licensed Products using the Licensed Trademarks (such Trademarks other than the Licensed Trademarks, the “Licensee Product Marks”). Licensee shall own all rights in the Licensee Product Marks and shall register and maintain the Licensee Product Marks in the jurisdictions it determines reasonably necessary at its own cost and expense. Section 6.2 BC30 Marks. With respect to Trademarks incorporating the element “BC30” in those jurisdictions where such Trademark has not been registered with the appropriate Governmental or Regulatory Authority as of the Effective Date (collectively, “BC30 Marks”), Licensee may request during the Term that Ganeden apply to register, prosecute and maintain any BC30 Xxxx in a particular jurisdiction as a Trademark to be included within the Licensed Trademarks under this Agreement. If Ganeden so agrees, it shall do so using counsel reasonably acceptable to Licensee and keep Licensee reasonably informed with respect thereto and Licensee shall reimburse Ganeden for its reasonable out-of-pocket costs incurred with respect thereto; provided that Licensee may provide sixty (60) days notice to Ganeden that it no longer intends to reimburse such costs for a particular BC30 Xxxx in a particular jurisdiction and after expiration of such period, Ganeden’s obligation to prosecute and maintain such xxxx in such jurisdiction and Licensee’s obligation to reimburse costs with respect thereto shall terminate. Otherwise, if Ganeden does not apply to register such BC30 Xxxx within thirty (30) days of its receipt of Licensee’s request thereof, Licensee shall have the right, at its own cost and expense, to apply to register and control the prosecution and maintenance of such BC30 Xxxx in Ganeden’s name in such jurisdiction. For clarity, any such BC30 Xxxx for which Licensee applies to register and controls the prosecution of maintenance pursuant to this Section 6.2 would be owned by Ganeden and licensed to Licensee as a Licensed Trademark under this Agreement. - 11 - Section 6.3
