Product Xxxx. If this Agreement is terminated in its entirety, then on the effective date of termination (if this Agreement is terminated prior to First Commercial Sale of the first Licensed Product), or upon transfer, termination or withdrawal by Licensee of Regulatory Approval pursuant to Section 13.6(b) (if this Agreement is terminated on or after First Commercial Sale of the first Licensed Product), Licensee and its Affiliates shall no longer have any right to use the Product Marks in the Territory.
Product Xxxx. Other than termination on the basis of a public health and safety reason under Section 11.3, or termination by Servier on the basis of a material breach of the Agreement by EOS under Section 11.4, and except where Servier can reasonably demonstrate that Commercializing the Product under the Product Xxxx in the terminated country(ies) is detrimental to Servier’s sales in the non-terminated countries, at EOS’ request which shall be notified to Servier within fifteen (15) days of the termination notice Servier shall consider in good faith licensing to EOS, for a period of time allowing EOS to switch Product Xxxx, any and all Product Marks then being used by Servier solely and exclusively for any such Product and transfer to EOS in the right to use during the transition period any domain names containing solely such Product Marks, in each case only to the extent that such Product Xxxx has actually been utilized previously by Servier in connection with the Commercialization of the Product in the Licensed Territory and is not used for any other product Controlled by Servier and do not make reference to any other trade name or trademark of Servier. Notwithstanding the foregoing, in connection with any such termination, EOS shall be permitted to utilize such Product Xxxx to sell existing Products during the 6 month period following any such termination.
Product Xxxx. Other than termination by Clovis on the basis of a material breach of the Agreement by 3BP under Section 11.4, and except where Clovis can reasonably demonstrate that Commercializing the Product under the Product Xxxx in the terminated country(ies) is detrimental to Clovis’ sales in any non-terminated countries, at 3BP’s request, Clovis will consider in good faith or, in the event of termination of this Agreement by 3BP on the basis of a material breach of the Agreement by Clovis under Section 11.4 Clovis will be obligated to the grant of a royalty-free, fully paid-up, license to 3BP, for a period of time allowing 3BP to switch the Product Xxxx, under any and all Product Marks then being used by Clovis solely and exclusively for any such Product and transfer to 3BP the right to use during the transition period any domain names containing solely such Product Marks, in each case only to the extent that such Product Xxxx is not also used for any product Controlled by Clovis which does not fall under this Agreement and does not make reference to any other trade name or trademark of Clovis.
Product Xxxx. Licensee shall be entitled to register in its own or Designated Parties’ name with reference to the recommendations of the SC the applicable Product Xxxx(s) for Commercialization of the Products in the Territory. Licensee shall Develop, manufacture and Commercialize the Products in the Territory under the Product Marks; provided that if such Product Xxxx is rejected or refused by a Regulatory Authority in the Territory, the SC, pursuant to Article 3, will determine on an alternative trademark serving as the Product Xxxx for the applicable Product in the Territory, the decision of which shall be given without undue delay. Licensee shall, and shall require that its Affiliates will, use the Product Marks solely in connection with the Development and Commercialization of Products in the Field in the Territory. Notwithstanding the foregoing, Licensee acknowledges that all use of the Product Marks and all rights and goodwill attached to or arising out of such use, shall accrue to the benefit of Licensor and be assigned back to Licensor upon termination of this Agreement. Licensee shall not, and shall require that its Affiliates will not, engage in any action that will interfere with or diminish Licensor’s rights or goodwill in any Product Marks.
Product Xxxx. It is the intention of the Parties that the Product be sold and marketed under a single worldwide brand, where practicable, legally and commercially viable, in accordance with the global branding strategy to be established by the JDC under Section 3.2(a)(v). Notwithstanding the foregoing, the Parties acknowledge such a single brand approach may not be viable for some countries. Unless determined otherwise by the JDC in the global branding strategy, as between the Parties, CTI will own the trademarks for the names of the Product to be used in the Licensed Territory and Chroma will own the trademarks for the names of the Products to be used in the ROW Territory (each a “Product Xxxx”), provided that in no event shall either Party be permitted to use the name of the other Party or any brand, logo or trademark of the other Party not solely used for the Product without such Party’s express prior written consent. Each Party will be responsible at its own expense to perform any trademark clearance or registration for any Product Xxxx in its respective territory.
Product Xxxx. (i) The Parties shall be jointly responsible for:
Product Xxxx. (i) The Parties shall be jointly responsible for:
(1) establishing a global branding for the Product, including identifying and selecting Product Marks and trademark standards for any Product Marks to be adopted as well as global look and feel of Products and Product packaging in the Territory ("Global Branding"). COMPANY and MorphoSys (and its Affiliates and sublicensees respectively) shall only use the Product Marks pursuant to the terms of this Agreement (i) to identify the Product(s) and (ii) in connection with the Commercialization of the Product(s), and COMPANY and MorphoSys shall not (and shall ensure that each of their Affiliates and sublicensees do not) use such Product Marks in the course of trade to identify, or otherwise in connection with, any other products, and
(2) aligning on a global brand strategy, which shall encompass Product positioning, alignment on core messages, discussing strategy related to commercial terms of sale, setting strategy for key opinion leader engagement ("Global Brand Strategy"). Such Global Brand Strategy may be updated from time to time by mutual agreement by the Parties. If the Parties do not mutually agree on the above, COMPANY shall have the right to decide on the brand strategy for the Product(s) in the COMPANY Territory, taking into account MorphoSys’ comments, and the Parties shall jointly decide on the brand strategy for the Product(s) in the Co-Commercialization Territory.
(ii) The Parties shall maintain, at all times, high quality standards for all materials, products and services for which the Product Marks are used, which standards shall be no less than the standards of quality that have been maintained for the materials, products or services provided by the respective Party prior to the date of this Agreement.
(iii) To the extent permissible by Regulatory Authorities and applicable Law, COMPANY and MorphoSys shall use the same Product Xxxx in the COMPANY Territory and the Co-Commercialization Territory (a "Global Product Xxxx"). Any Global Product Xxxx, which is not an Existing Product Xxxx, shall be co-owned by COMPANY and MorphoSys in all countries and regions in which such Global Product Xxxx is applied for, registered, or used. Where joint ownership is not possible or is impracticable under applicable Laws, the Parties shall discuss in good faith possible solutions. The Parties shall only use any Global Product Xxxx in the form as agreed upon between the Parties. Any Existing Product Xxxx shall be so...
Product Xxxx. It is the intention of the Parties that the Product be sold and marketed [*]. Notwithstanding the foregoing, the Parties acknowledge such [*] approach is not viable [*] and may not be viable for [*]. Takeda shall propose such trademark or trademarks for the Product, which shall be approved by the JCC (the “Product Xxxx”), and which may include an existing Product trademark owned by Cell Genesys (which such trademarks are set forth on Exhibit G). Following selection of the Product Xxxx, the Parties will grant such royalty-free licenses as may be necessary to facilitate the worldwide marketing of the Product using such xxxx or marks. For the avoidance of doubt, the Parties are not obligated to use any of the trademarks set forth on Exhibit G as the Product Xxxx but the foregoing does not limit Takeda’s obligations with respect to any XX Xxxxx described in Section 6.9(b). The Product Xxxx, if a xxxx other than any of the trademarks set forth on Exhibit G, shall be owned by Takeda.
Product Xxxx. Licensee shall Commercialize the Licensed Products in the Territory under the Product Marks selected by Teva and under which Teva or its licensees will market Licensed Products in the Field outside the Territory; provided that if such Product Xxxx is rejected or refused by a Regulatory Authority, the JSC, pursuant to Section 3.3, will select an alternative trademark for the applicable Licensed Product in the Territory, which alternative trademark shall also be a Product Xxxx. Licensee shall, and shall require that its Affiliates will, use the Product Marks solely in connection with the Development and Commercialization of Licensed Products in the Field in the Territory. Licensee shall not, and shall require that its Affiliates will not, engage in any action that will interfere with or diminish Teva’s rights or goodwill in any Product Marks. Teva shall own all rights to the Product Marks throughout the world, including the registration with the PRC Trademark Office of the State Administration of Industry and Commerce. Licensee acknowledges that all use of the Product Marks and all rights and goodwill attached to or arising out of such use, shall accrue to the benefit of Teva. Teva shall register, maintain, enforce and defend, at Teva’s cost and expense, the Product Marks in the Territory.
Product Xxxx. All Licensed Products will be sold in the Roche Territory solely under the Product Marks selected by the IP Committee with advice from the Parties’ intellectual property counsel and the Sarepta Housemarks and Roche Housemarks as provided in this Agreement. No such Xxxx will be used by Roche outside of the country as to which it has been approved for use by the IP Committee, unless otherwise agreed by the Parties in writing.
