Product Trademark. Alexion shall have the right to select, and shall register and maintain, at its expense, the Product Trademark(s) as shall be used for the promotion, marketing and sale of the Product in the Territory. Alexion shall own such Product Trademark(s) and all goodwill associated therewith.
Product Trademark. The Product shall be Detailed by Sanofi in accordance with the terms and conditions of this Agreement under the Product Trademark. All use of the Product Trademark by Sanofi shall at all times inure to the benefit of Relypsa as owner of the Product Trademark. Relypsa’s corporate logo shall be used on all Product Promotional and Educational Materials and all Product packaging. Sanofi shall use the Product Trademark, other trademarks, trade names, and copyrighted materials of Relypsa only as authorized by Relypsa, and Sanofi shall take all reasonable precautions to ensure the protection of Relypsa’s rights in such trademarks, trade names and materials. During the performance of their responsibilities under this Agreement, [***] shall use [***] established practices with regard to possible Product [***] to notify Relypsa of any such possible Product [***] of which any [***] become aware. Sanofi shall not at any time use the Product Trademark, other trademarks, trade names and copyrights of Relypsa in a manner inconsistent with their established policy for use of such intellectual property unless otherwise authorized by Relypsa in advance in writing.
Product Trademark. LILLY shall own and be responsible for all Product Trademark(s) and shall at its expense, file, maintain and enforce Product Trademark for each such Ribozyme Product worldwide unless rights to such Ribozyme Product revert to RPI under Sections 4.2.1, 4.2.2, 15.4.3 or 15.4.4.
Product Trademark. All of the Licensed Product shall be sold in the Territory under the applicable Product Trademark and the ALTUS Mark as described in Section 5.7.
Product Trademark. Pfizer shall use Commercially Reasonable Efforts to Commercialize the Product in the Field in the Territory under the trademark XIAFLEXTM (and logo) and under the trade dress or such other trademark or trade dress as the Parties mutually agree upon (in each such Party’s sole discretion), including, if applicable, any alternative trademark and any alternative trade dress pursuant to this Section 6.9.1 (the “Product Trademark” and the “Product Trade Dress”, respectively). Notwithstanding the foregoing, in the event that Pfizer believes that the use or registration of the Product Trademark or the use of the Product Trade Dress in a particular country in the Territory would be inappropriate due to such country’s linguistic or cultural particularities or against the Laws of such country, or in conflict with any Third Party’s intellectual property rights in that country, based on a review of market research, regulatory research, legal searches, investigation results, and any other relevant information that may have been collected by either Party that is relevant to the clearance for use and registration of a trademark or for use and registration of a trade dress, Pfizer shall present such concern to Auxilium, and Auxilium shall propose alternative trademarks and trade dresses to Pfizer for use and registration in the country in question. Auxilium shall bear all reasonable costs relating to the creation, legal clearance, filing, registration, and maintenance of any alternative trademark and trade dress without prejudice to Pfizer’s right to reasonably refuse to adopt any such alternative trademark or trade dress on the aforementioned grounds. Pfizer may request, and Auxilium shall use Commercially Reasonable Efforts to provide, a reasonable number of alternative trademarks and trade dresses from among which the Parties may agree that the use or registration of such an alternative trademark, or the use of such an alternative trade dress, in a particular country in the Territory would not be inappropriate due to such country’s linguistic or cultural particularities, or against the Laws of such country, or in conflict with any Third Party’s intellectual property rights in that country, based on a review of market research, regulatory research, legal searches, investigation results, and any other relevant information that may have been collected by either Party that is relevant to the clearance for use and registration of a trademark or for use and registration of a ...
Product Trademark. The Product shall be marketed primarily under the name and trademark mutually agreed for use with the Product, which shall be applied for and owned by AXA Equitable (“Product Trademark”). Marketing of the Product and the related Services may be co-branded using the Distributor and/or an AXA Equitable Company marks and the Broker-Dealer and General Agent marks where appropriate. Subject to the terms and conditions of this Agreement, each party grants to the other a non-exclusive, non-transferable, royalty-free, worldwide license during the term of this Agreement to use and reproduce the trademarks of the other party solely in connection with marketing the Product and the related Services. The Broker-Dealer and General Agent and Distributor and the AXA Equitable Companies will be responsible for providing reasonable cooperation to one another in the marketing of the Product, including, without limitation, the development of marketing collateral and the use and placement of such marketing collateral. All marketing collateral regarding the Product must be approved by the parties. The Broker-Dealer and General Agent and Distributor and the AXA Equitable Companies will each use commercially reasonable efforts to promote and market the use of the Product, and to inform potential customers of (a) the general features and capabilities of the Product and (b) the interoperability and compatibility of the Services and the advantages to the customer of using the Product and such Services in combination as part of Covered Transactions. Distributor will use commercially reasonable efforts to utilize its internal public relations capabilities to assist in marketing the Product. Broker-Dealer will conduct appropriate promotional, advertising and other marketing efforts for the Product through its existing sales channels and at various third party events. Any information requests, requests for bids or quotations, or other inquiries directed to a party for the Services or similar services shall be promptly forwarded as a copy to the other party. Notwithstanding anything to the contrary herein, effective upon termination or expiration of this Agreement, Broker-Dealer and General Agent shall have an exclusive, perpetual, irrevocable, worldwide, fully-paid license, with the right to sublicense through multiple levels of sublicensees, to use the Product Trademark in connection with the marketing and sale of Products or similar products utilizing the Broker-Dealer and General Age...
Product Trademark. RELIANT shall encapsulate, package, distribute, market and sell the Product in the Territory under the Omacor® Trademark or, subject to PRONOVA’s consent, not to be unreasonably withheld, delayed or conditioned, any other trademark RELIANT may select. The use of the Omacor® Trademark in connection with RELIANT’s encapsulation and packaging of the Product shall be approved by PRONOVA in writing in advance, such approval not to be unreasonably withheld, delayed or conditioned. RELIANT shall only use the Trademark in accordance with the specifications set forth in Schedule 1.35. The Parties shall discuss trademarks to be used for any Additional Products, but RELIANT shall be under no obligation to use any of PRONOVA’s Trademarks for any Additional Products developed by RELIANT. Other than the Trademarks, any other trademark used by RELIANT for the Product or any Additional Product shall, as between RELIANT and PRONOVA, be owned solely by RELIANT.
Product Trademark. RELIANT shall encapsulate, package, distribute, market and sell the Product in the Territory under the Omacor® Trademark or, subject to PRONOVA’s consent, not to be unreasonably withheld, delayed or conditioned, any other trademark RELIANT may select. The use of the Omacor® Trademark in connection with RELIANT’s encapsulation and packaging of the Product shall be approved by [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. PRONOVA in writing in advance, such approval not to be unreasonably withheld, delayed or conditioned. RELIANT shall only use the Trademark in accordance with the specifications set forth in Schedule 1.35. The Parties shall discuss trademarks to be used for any Additional Products, but RELIANT shall be under no obligation to use any of PRONOVA’s Trademarks for any Additional Products developed by RELIANT. Other than the Trademarks, any other trademark used by RELIANT for the Product or any Additional Product shall, as between RELIANT and PRONOVA, be owned solely by RELIANT.
Product Trademark. All Products will be sold in the Territory under the Trademarks selected by Astellas in its sole discretion. The Parties acknowledge and agree that trademarks developed or used in connection with the Forest Agreement and the Almirall Agreement may not be used by the Parties in the Territory unless agreed to by Ironwood and Forest, or Ironwood and Almirall, as applicable, in writing. If so requested by Astellas, Ironwood shall not unreasonably withhold such consent, and shall encourage Forest and Almirall to grant such consent. Astellas shall solely own such Trademarks and is responsible for the filing, prosecution and maintenance of such Trademarks in the applicable country or countries within the Territory. Ironwood may reference Astellas and the Product name and display the Trademarks and logos embodying the Trademarks, as provided by Astellas ,on its website and similar promotional material for the purpose of general product and company promotion, but not, in any event, for the purpose of Commercializing the Product. Other than as set forth in the foregoing sentence, Ironwood shall have no rights to use the Trademarks except to the extent expressly agreed by Astellas in writing.
Product Trademark. Collaborator shall have the right, at its sole discretion, to select the trademark to be used in connection with the Commercialization of the Product in the Licensed Territory, and shall have all rights in and to such Product trademark. In case Collaborator desires to use, for the Product, the trademark(s) owned by Affymax and corresponding to the trademarks to be used for the Product in the Affymax Territory, then, Collaborator may propose to obtain a license to such trademark(s) under terms and conditions to be separately agreed upon by the Parties.
