PACKAGING AND TRADEMARKS Sample Clauses

PACKAGING AND TRADEMARKS. 7.1 GEN-PROBE Packaging. GEN-PROBE shall be responsible for packaging the Products in a box with Japanese language labeling and for inserting a Japanese language package insert. The artwork for all labeling will be provided by CDS at no cost to GEN-PROBE. The cost of printing and using the CDS packaging will be a component of GEN-PROBE's Sale Price.
Sample 1Sample 2
AutoNDA by SimpleDocs
PACKAGING AND TRADEMARKS. Product packaging, labeling and inserts, Product literature, and other advertising and promotional materials will be co-branded with RAMP® and Roche. Supplier will package the Products in accordance with the Specifications and shall be responsible for the content of all labels other than camera ready art pertaining to Purchaser trademarks and trade dress. Purchaser shall be responsible for all Product literature, advertising and promotional materials pertaining to Products. The Parties agree that in the event country-specific labeling is required by Applicable Laws, Supplier will package the Product(s) with the country-specific labeling. The Parties contemplate that there will be two (2) different packaging versions; one version for the United States and Canada, and a separate version for the rest of the world. Purchaser shall pay all direct and indirect costs associated with country specific labeling, preparing and translating Product packaging, labeling, inserts in languages other than English, Spanish, French, Chinese and German.
Sample 1Sample 2
PACKAGING AND TRADEMARKS. (a) Unless a Subcontract provides otherwise, RBC must package Products in accordance with the Specifications, as the same may be modified from time to time by written agreement of the Parties. Product packaging, labeling and inserts, product literature, and other advertising and promotional materials will make reference to RAMP® and/or RBC as agreed upon by the Parties subject to the applicable laws in a given country where Product is marketed and sold. Each Party will comply with the other Party’s instructions for use of the other Party’s trademarks (“Trademarks”) and disposal of Product bearing Trademarks. A Party may only use the other Party’s Trademarks for Product packaging and in accordance with the other Party’s written instructions. Neither Party is licensed to use the other Party’s Trademarks for any other purpose. Neither Party will claim any rights to the other Party’s Trademarks and or do anything to lessen the significance of the other Party’s Trademarks. Except as may be required (i) in order to respond to an inquiry by any regulatory authority, (ii) in connection with any legal proceeding or (iii) as approved in writing by the other Party, neither Party shall use the other Party’s name in any promotional activity or suggest any affiliation with the other Party. Neither Party will adopt, use or register any marks, businesses or domain names confusingly similar to Trademarks of the other Party or any marks for the Product owned or licensed by the other Party or the other Party’s affiliates, or the other Party’s name. (b) RBC will provide all information necessary for labels, packaging and package inserts for Products, provided, however, 3M shall be finally responsible for the content of all labels, packaging and package inserts for Product, except to the extent that RBC supplied inaccurate or incomplete information. 3M shall be responsible for ensuring that the content of the label, package and package insert for each country where the Product is marketed complies with the regulatory requirements for that country. All artwork will be provided by 3M and will be used by RBC only as authorized by 3M in this Agreement or as otherwise authorized by 3M in writing. 3M shall reimburse RBC for RBC’s reasonable out-of-pocket costs and expenses incurred in connection with labeling or packaging that becomes obsolete for any reason other than RBC’s error or negligence, provided that in no event shall 3M be responsible for any such costs or expenses in exce...
Sample 1Sample 2
PACKAGING AND TRADEMARKS. The Company and Distributor shall mutually agree upon any packaging artwork, labeling artwork, packaging and labeling specifications for the Product. Distributor shall procure all required labeling and shall be responsible for complying with all governmental labeling standards, if any. All trademarks used with the Product shall be the property of the Company, and all goodwill resulting from use of the trademarks shall inure wholly to the benefit of the Company.
Sample 1
PACKAGING AND TRADEMARKS. 9.1 Seller will pack and label Products, and make any packaging, container, wrapping, label, hang tag, insert, or other supplemental article provided with the Products or component of a Products (hereinafter referred to as “Product supplements”) in accordance with the Specifications. The Product supplements bears one or more Authorized Marks which is hereinafter referred to as “Marked Supplement”. Authorized Marks means trademarks of 3M.
Sample 1
PACKAGING AND TRADEMARKS. (a) Packaging of the Products shall comply with the Packaging Specifications. (b) AngioDynamics shall be responsible for final packaging, instructions for use and labeling of the Products. (c) BioLitec hereby grants an exclusive, royalty free license to AngioDynamics to use the "ELVeS" trademark connection with the promotion, marketing, and sale of the Products. AngioDynamics may use any other trademark or trade dress as it deems appropriate in the promotion, marketing and sale of the Products. BIOLITEC shall the right to preview and comment on items containing its trademarks.
Sample 1
PACKAGING AND TRADEMARKS. 8.2.1 SDI shall package Products (including directions for use, package inserts and product warranty) with DuPont Qualicon trademarks, tradenames, service marks and logos in a manner approved by DuPont Qualicon. Should DuPont Qualicon require Product packaging that is different than SDI's standard manner, SDI shall provide DuPont Qualicon with the estimated cost of moving to the different packaging and DuPont Qualicon shall reimburse SDI for all costs involved in effecting such transfer. 8.2.2 SDI acknowledges that DuPont Qualicon has exclusive right, title and interest in and to the DuPont Qualicon trademarks, tradenames, service marks and logos, whether or not registered, and SDI shall not at any time do or cause to be done any act, direct or indirect, which shall in any way impair or tend to impair any part of DuPont Qualicon's right, title or interest in such trademarks, tradenames, service marks or logos.
Sample 1
AutoNDA by SimpleDocs
PACKAGING AND TRADEMARKS. Supplier will package and label Products in accordance with the Specifications. Supplier will use Corning’s Marks only if specifically permitted by the Specifications and will, at Corning’s direction, return to Corning or destroy all materials containing a Xxxxxxx Xxxx or remove the Xxxxxxx Xxxx from any such materials following termination of this Agreement. During or after the Term, Supplier will not use Corning’s name or Xxxxxxx Xxxx in any manner, including promotional or advertising materials, or otherwise assert affiliation with Corning or a Corning Affiliate, without Corning’s prior written consent in each instance. Corning is the sole owner of Corning’s Marks and associated goodwill, and all goodwill associated with Supplier’s use of Corning’s Marks shall inure to the benefit of Corning. Supplier grants to Corning a non-exclusive right to use Supplier’s Marks solely for purposes of the sale and promotion of the Products. Supplier is the sole owner of Supplier’s Marks and associated goodwill, and all goodwill associated with Corning’s use of Supplier’s Marks shall inure to the benefit of Supplier. After the Term, neither party will use the name or Xxxx of the other party in any manner, including promotional or advertising materials, or otherwise assert affiliation with the other party other than, in the case of Corning, in connection with its direct or indirect sale of the remaining inventory of Product or the service or support of previously sold Product. For the avoidance of doubt, any Products that are, directly or indirectly, sold or distributed by Seller, including those sold pursuant to the exceptions from exclusivity set forth in Section 1(b), shall not bear any of Corning’s Marks.
Sample 1
PACKAGING AND TRADEMARKS 
Sample 1

Related to PACKAGING AND TRADEMARKS

  • Patents and Trademarks The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or material for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). Neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of the Intellectual Property Rights used by the Company or any Subsidiary violates or infringes upon the rights of any Person. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Trade Names and Trademarks No Issuer Entity may use any company name, trade name, trademark or service xxxx or logo of Ameriprise or any person or entity controlling, controlled by, or under common control with Ameriprise without Ameriprise’s prior written consent.

  • Trademarks and Trade Names Except as specifically set out in this Agreement, nothing in this Agreement shall grant, suggest, or imply any authority for one Party to use the name, trademarks, service marks, or trade names of the other for any purpose whatsoever.

  • Copyrights and Trademarks The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

  • USE OF NAMES AND TRADEMARKS 15.1 Nothing contained in this Agreement will be construed as conferring any right to use in advertising, publicity or other promotional activities any name, trademark, trade name, or other designation of either party hereto by the other (including any contraction, abbreviation, or simulation of any of the foregoing). Unless required by law the use, by LICENSEE, of the name "The Regents of the University of California" or the name of any University of California campus in advertising, publicity or other promotional activities is expressly prohibited.

  • Copyrights, Patents and Trademarks (i) Borrower hereby represents and warrants that, as of the date of this Agreement, Borrower does not have any maskworks, computer software, or other copyrights, that are registered (or are the subject of any application for registration) with the United States Copyright Office. Borrower hereby covenants and agrees that Borrower will NOT register with the United States Copyright Office (or apply for such registration of) any of Borrower’s maskworks, computer software, or other copyrights, unless Borrower has provided Lender not less than 30 days prior written notice of the commencement of such registration/application and Borrower has executed and delivered to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Copyright Office with respect to such registration or application. (ii) Borrower will identify to Lender in writing any and all patents and trademarks of Borrower that are registered (or the subject of any application for registration) with the United States Patent and Trademark Office and, upon Lender’s request therefor, promptly execute and deliver to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Patent and Trademark Office with respect to such registration or application. (iii) Borrower will: (x) protect, defend and maintain the validity and enforceability of Borrower’s copyrights, patents, and trademarks; (y) promptly advise Lender in writing of material infringements of Borrower’s copyrights, patents, or trademarks of which Borrower is or becomes aware; and (z) not allow any material item of Borrower’s copyrights, patents, or trademarks to be abandoned, forfeited or dedicated to the public without Lender’s written consent.

  • Sales Material, Information and Trademarks 6.1 For purposes of this Section 6, “Sales literature or other Promotional material” includes, but is not limited to, portions of the following that use any logo or other trademark related to the Trust, or Underwriter or its affiliates, or refer to the Trust: advertisements (such as material published or designed for use in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, electronic communication or other public media), sales literature (i.e., any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, reprints or excerpts or any other advertisement, sales literature or published article or electronic communication), educational or training materials or other communications distributed or made generally available to some or all agents or employees in any media, and disclosure documents, shareholder reports and proxy materials. 6.2 You shall furnish, or cause to be furnished to us or our designee, at least one complete copy of each registration statement, prospectus, statement of additional information, private placement memorandum, retirement plan disclosure information or other disclosure documents or similar information, as applicable (collectively “Disclosure Documents”), as well as any report, solicitation for voting instructions, Sales literature or other Promotional materials, and all amendments to any of the above that relate to the Contracts or the Accounts prior to its first use. You shall furnish, or shall cause to be furnished, to us or our designee each piece of Sales literature or other Promotional material in which the Trust or an Adviser is named, at least fifteen (15) Business Days prior to its proposed use. No such material shall be used unless we or our designee approve such material and its proposed use. 6.3 You and your agents shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust, the Underwriter or an Adviser, other than information or representations contained in and accurately derived from the registration statement or prospectus for the Trust shares (as such registration statement and prospectus may be amended or supplemented from time to time), annual and semi-annual reports of the Trust, Trust-sponsored proxy statements, or in Sales literature or other Promotional material approved by the Trust or its designee, except as required by legal process or regulatory authorities or with the written permission of the Trust or its designee. You shall send us a complete copy of each Disclosure Document and item of Sales literature or other Promotional materials in its final form within twenty (20) days of its first use. 6.4 We shall not give any information or make any representations or statements on behalf of you or concerning you, the Accounts or the Contracts other than information or representations, including naming you as a Trust shareholder, contained in and accurately derived from Disclosure Documents for the Contracts (as such Disclosure Documents may be amended or supplemented from time to time), or in materials approved by you for distribution, including Sales literature or other Promotional materials, except as required by legal process or regulatory authorities or with your written permission. 6.5 Except as provided in Section 6.2, you shall not use any designation comprised in whole or part of the names or marks “Franklin” or “Xxxxxxxxx” or any logo or other trademark relating to the Trust or the Underwriter without prior written consent, and upon termination of this Agreement for any reason, you shall cease all use of any such name or xxxx as soon as reasonably practicable. 6.6 You shall furnish to us ten (10) Business Days prior to its first submission to the SEC or its staff, any request or filing for no-action assurance or exemptive relief naming, pertaining to, or affecting, the Trust, the Underwriter or any of the Portfolios. 6.7 You agree that any posting of Portfolio prospectuses on your website will result in the Portfolio prospectuses: (i) appearing identical to the hard copy printed version or .pdf format file provided to you by us (except that you may reformat .pdf format prospectus files in order to delete blank pages and to insert .pdf format prospectus supplement files provided by us to you); (ii) being clearly associated with the particular Contracts in which they are available and posted in close proximity to the applicable Contract prospectuses; (iii) having no less prominence than prospectuses of any other underlying funds available under the Contracts; and (iv) being used in an authorized manner. Notwithstanding the above, you understand and agree that you are responsible for ensuring that participation in the Portfolios, and any website posting, or other use, of the Portfolio prospectuses is in compliance with this Agreement and applicable state and federal securities and insurance laws and regulations, including as they relate to paper or electronic use of fund prospectuses. The format of such presentation, the script and layout for any website that mentions the Trust, the Underwriter, an Adviser or the Portfolios shall be routed to us as sales literature or other promotional materials, pursuant to Section 6 of this Agreement. In addition, you agree to be solely responsible for maintaining and updating the Portfolio prospectuses’ PDF files (including prospectus supplements) and removing and/or replacing promptly any outdated prospectuses, as necessary, ensuring that any accompanying instructions by us, for using or stopping use are followed. You agree to designate and make available to us a person to act as a single point of communication contact for these purposes. We are not responsible for any additional costs or additional liabilities that may be incurred as a result of your election to place the Portfolio prospectuses on your website. We reserve the right to revoke this authorization, at any time and for any reason, although we may instead make our authorization subject to new procedures. 6.8 Each of your and your distributor’s registered representatives, agents, independent contractors and employees, as applicable, will have access to our websites at xxxxxxxxxxxxxxxxx.xxx, and such other URLs through which we may permit you to conduct business concerning the Portfolios from time to time (referred to collectively as the “Site”) as provided herein: (i) upon registration by such individual on a Site, (ii) if you cause a Site Access Request Form (an “Access Form”) to be signed by your authorized supervisory personnel and submitted to us, as a Schedule to, and legally a part of, this Agreement, or (iii) if you provide such individual with the necessary access codes or other information necessary to access the Site through any generic or firm-wide authorization we may grant you from time to time. Upon receipt by us of a completed registration submitted by an individual through the Site or a signed Access Form referencing such individual, we shall be entitled to rely upon the representations contained therein as if you had made them directly hereunder and we will issue a user identification, express number and/or password (collectively, “Access Code”). Any person to whom we issue an Access Code or to whom you provide the necessary Access Codes or other information necessary to access the Site through any generic or firm-wide authorization we may grant you from time to time shall be an “Authorized User.” We shall be entitled to assume that such person validly represents you and that all instructions received from such person are authorized, in which case such person will have access to the Site, including all services and information to which you are authorized to access on the Site. All inquiries and actions initiated by you (including your Authorized Users) are your responsibility, are at your risk and are subject to our review and approval (which could cause a delay in processing). You agree that we do not have a duty to question information or instructions you (including Authorized Users) give to us under this Agreement, and that we are entitled to treat as authorized, and act upon, any such instructions and information you submit to us. You agree to take all reasonable measures to prevent any individual other than an Authorized User from obtaining access to the Site. You agree to inform us if you wish to restrict or revoke the access of any individual Access Code. If you become aware of any loss or theft or unauthorized use of any Access Code, you agree to contact us immediately. You also agree to monitor your (including Authorized Users’) use of the Site to ensure the terms of this Agreement are followed. You also agree that you will comply with all policies and agreements concerning Site usage, including without limitation the Terms of Use Agreement(s) posted on the Site (“Site Terms”), as may be revised and reposted on the Site from time to time, and those Site Terms (as in effect from time to time) are a part of this Agreement. Your duties under this section are considered “services” required under the terms of this Agreement. You acknowledge that the Site is transmitted over the Internet on a reasonable efforts basis and we do not warrant or guarantee their accuracy, timeliness, completeness, reliability or non-infringement. Moreover, you acknowledge that the Site is provided for informational purposes only, and is not intended to comply with any requirements established by any regulatory or governmental agency.

  • Sublicense to Use the Scudder Trademarks As exclusive licensee of the rights to use anx xxxxxcense the use of the "Scudder," "Scudder Investments" and "Scudder, Stevens & Clark, Inx." xxxdemaxxx (xxgether, the "Scuddex Xxxxx"), xxx xerexx xxant the Trust a nonexclusive right xxx xxxlicense to use (i) the "Scudder" name and mark as part of the Trust's name (the "Fund Namx"), xxd (ii) the Scudder Marks in connection with the Trust's investment products xxx xxxvices, in each case only for so long as this Agreement, any other investment management agreement between you or any organization which shall have succeeded to your business as investment manager ("your Successor") and the Trust, or any extension, renewal or amendment hereof or thereof remains in effect, and only for so long as you are a licensee of the Scudder Marks, provided however, that you agree to use your best xxxxxxx to maintain your license to use and sublicense the Scudder Marks. The Trust agrees that it shall have no right to suxxxxxxxe or assign rights to use the Scudder Marks, shall acquire no interest in the Scudder Marks othxx xxxx the rights granted herein, that all of txx Xxxxt's uses of the Scudder Marks shall inure to the benefit of Scudder Trust Company xx xxxer and licensor of the Scudder Marks (xxx "Xrademark Owner"), and that the Trust shall nxx xxxxlenge the validity of the Scudder Marks or the Trademark Owner's ownership thereof. The Truxx xxxxher agrees that all services and products it offers in connection with the Scudder Marks shall meet commercially reasonable standards of duaxxxx, xs may be determined by you or the Trademark Owner from time to time, provided that you acknowledge that the services and products the Trust rendered during the one-year period preceding the date of this Agreement are acceptable. At your reasonable request, the Trust shall cooperate with you and the Trademark Owner and shall execute and deliver any and all documents necessary to maintain and protect (including but not limited to in connection with any trademark infringement action) the Scudder Marks and/or enter the Trust as a registered user thereof. Xx xxch time as this Agreement or any other investment management agreement shall no longer be in effect between you (or your Successor) and the Trust, or you no longer are a licensee of the Scudder Marks, the Trust shall (to the extent that, and as soon ax, xx xawfully can) cease to use the Fund Name or any other name indicating that it is advised by, managed by or otherwise connected with you (or your Successor) or the Trademark Owner. In no event shall the Trust use the Scudder Marks or any other name or mark confusingly similar therexx (xxxluding, but not limited to, any name or mark that includes the name "Scudder") if this Agreement or any other investment advisory agrexxxxx xetween you (or your Successor) and the Fund is terminated.

  • Trademarks, Etc Except to the extent required by applicable law, no Party shall use any other Party's names, logos, trademarks or service marks, whether registered or unregistered, without the prior consent of such Party.

  • Removal of DXC Trademarks Supplier shall remove from all Products rejected, returned or not purchased by DXC, DXC’s name and any of DXC’s trademarks, trade names, insignia, part numbers, symbols, and decorative designs, prior to any other sale, use, or disposition of such Products by Supplier.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!