Licensee Trademarks. Subject to Article V of the Agreement, Licensee may acquire its own trademarks for use in connection with Licensed Products.
Licensee Trademarks. Notwithstanding the limited right to use the Licensee Trademarks on the HealthGate Products, HealthGate recognizes and acknowledges Licensee is the sole owner of the Licensee Trademarks; and all rights therein and the goodwill pertaining thereto belong exclusively to Licensee. Accordingly, any use by HealthGate of the Licensee Trademarks pursuant to this Agreement, shall be subject to Licensee's approval, which Licensee may deny or revoke at any time if in Licensee's sole judgment such use is not consistent with the goodwill otherwise associated with the Licensee Trademarks. Neither this Agreement nor any rights granted hereunder will operate as a transfer to HealthGate of any rights in or to any Licensee Trademark, except for the limited rights expressly granted under this Agreement.
Licensee Trademarks. In any countries in the Licensee Territory where a Licensor Trademark is not registered or Licensee in its sole discretion elects not to use a Licensor Trademark, Licensee will be responsible, at its sole cost, for selecting, filing and maintaining its own Trademarks for use in relation to the Commercialization of Products in such country (the “Licensee Trademarks”) and shall have sole discretion with respect to its choice of Licensee Trademarks, subject only to review and discussion at the JSC and Licensee’s obligations under Section 10.5(b) (Licensor Trademarks). Licensee shall consider in good faith any reasonable comments provided by Licensor in connection with Licensee’s choice of such trademarks and trade dress. Licensee shall own all right, title, and interest in and to any such Licensee Trademarks and assumes full responsibility, at its sole expense, for any infringement of its Licensee Trademarks by a Third Party.
Licensee Trademarks. It shall not be a breach of covenants in Section 1.4 if Licensee independently develop its own trademarks (the “Licensee Trademarks”) on or in connection with the manufacture, sale, distribution, marketing, advertising and other related activities of the Licensed Products so long as the Licensee Trademarks are not identical with, confusingly similar to, clearly derived from, or based on, or that includes any of the Licensed Property. For the avoidance of doubt, Licensee Trademarks may be used on or in connection with goods and services that are deemed competitive to the Licensed Products.
Licensee Trademarks. To the best knowledge of the Licensee, the Licensee Trademarks including the trade name set forth on Schedule 2.3(a) does not and will not infringe any intellectual property rights or other proprietary rights of any third party in the Territory and that as of the Effective Date, Licensee (i) is not a party to any lawsuit or proceeding relating to the Licensed Trademarks in the Territory and (ii) has not received any written communication from any Third Party (including any Governmental Entity) threatening any action, suit or proceeding relating to the Licensed Trademarks in the Territory.
Licensee Trademarks. Licensee shall own any trademarks created by or on behalf of Licensee that Licensee elects, in its sole discretion, to use in connection with the Licensed Products (the “Licensee Trademarks”). Teikoku acknowledges that the Licensee Trademarks and any domain names incorporating such trademarks will be selected by Licensee and will be registered in Licensee’s or its Affiliate’s name and will be the sole property of Licensee, and Teikoku agrees that it will not have, assert or acquire any right, title or interest therein or thereto or any good will associated therewith. Any trade names, brand names, slogans, logos, designs, trade dress, copyrights and good will used on or in connection with the Licensed Products may be selected by Licensee in its sole discretion and shall be the sole and exclusive property of Licensee. Neither Teikoku nor its Affiliates shall have the right or license to use the Licensee Trademarks at any time before, during, or after the Term of this Agreement; provided, however, that Teikoku shall be permitted to mention the Licensee Trademarks to the extent necessary in making any permitted disclosures after consultation with Licensee as required under Article 8.
Licensee Trademarks. If as of the effective date of termination of this Agreement (a) Licensee or any of its Affiliates owns any Trademarks that are used exclusively for the Licensed Products in the Licensee Territory and (b) such Trademarks have been approved by the Regulatory Authority in a country of the Licensee Territory for use with the Licensed Products (such Trademarks, the “Reversion Trademarks”), then, at Eureka’s written request promptly following the effective date of such termination, Licensee, on behalf of itself and its Affiliates, will transfer and assign to Eureka all of Licensee’s and its Affiliates’ rights, title and interest in and to such Reversion Trademarks for the applicable country of the Licensee Territory, pursuant to an agreement that the Parties will negotiate and enter into after such effective date of termination, which agreement will contain, to the extent applicable, quality control and indemnification obligations customary of such agreements applying to Eureka’s use of such transferred Reversion Trademarks following such assignment or license, as applicable.
Licensee Trademarks. Subject to Section 2.4.2, as of the Original Effective Date, the Licensee hereby grants, and shall procure that each of its relevant Affiliates shall grant, to Eisai a non-exclusive license (or sublicense) under the Licensee Trademarks, with the right to grant sublicenses solely to any licensee or sublicensee of Eisai’s rights with respect to the applicable Eisai Proprietary Product, to Commercialize any Eisai Proprietary Product for use in concomitant or sequential administration with a Licensed Product in the Licensee Territory.
Licensee Trademarks. 6.9.1. Eisai hereby acknowledges the Licensee’s exclusive right, title and interest in and to the Licensee Trademarks, together with all goodwill associated therewith and all registrations and registration applications therefor, with respect to the Licensee Territory and acknowledges that nothing herein shall be construed to accord to Eisai any rights in the Licensee Trademarks except for the license right expressly granted to Eisai under Section 2.2.2. Eisai shall not, and shall cause its Affiliates and sublicensees with respect to the Licensee Trademarks not to, use in their respective businesses, any Trademark that is confusingly similar to or a colorable imitation of, misleading or deceptive with respect to or that dilutes any (or any part) of the Licensee Trademarks in the Licensee Territory.
Licensee Trademarks. Subject to Section 7.2, Mobot shall not have any right to use the Licensee’s trade name other than in the form and stylization approved from time to time by the Licensee and according to such standards for use as shall be set from time to time by the Licensee, and shall not have the right to use any other trademark, service xxxx or trade name of the Licensee except as may be otherwise permitted by the Licensee in advance and in writing. Mobot acknowledges that the Licensee’s trade names and other trademarks, service marks and trade names of the Licensee (collectively, “Licensee Trademarks”) and all rights and goodwill pertaining thereto belong exclusively to the Licensee. Without limiting the generality of the foregoing, any rights that arise by virtue of the use of the Licensee Trademarks in the Territory, whether by the Licensee, Mobot or any third party, shall belong exclusively to the Licensee. To the extent any rights in and to any Licensee Trademarks are deemed to accrue to Mobot, Mobot hereby assigns any and all such rights, at such time as they may be deemed to accrue, including the related goodwill, to the Licensee. Mobot shall never challenge the validity, or the Licensee’s ownership of, any trademark or other rights in or to any Licensee Trademarks or any application for registration thereof, or any trademark registration thereof, and will never contest the fact that Mobot’s rights to use the Licensee Trademarks or Licensee Technology under this Agreement are solely those of a licensee, and will terminate upon expiration or termination of this Agreement, or earlier as provided below. Mobot shall exercise its best efforts in its use of the Licensee’s trade name in the manner permitted under this Agreement not to impair such positioning, prestige, goodwill and reputation. In the event that the Licensee determines at any time in its sole discretion that the continued use by Mobot of the Licensee Trademarks in the manner permitted under this Agreement (or the use by Mobot of any other Licensee trade xxxx that the Licensee may permit Mobot to use hereafter) impairs or is likely to impair the positioning, prestige, goodwill or reputation of the Licensee or its trade name or other Licensee Trademarks, the Licensee may terminate Mobot’s right to use the Licensee’s trade name (or such other Licensee Trademark) upon written notice to Mobot, whereupon Mobot shall discontinue all further use thereof. Mobot shall not use (except for use of the Licensee’s tra...
