Common use of Selection and Ownership of Product Trademarks Clause in Contracts

Selection and Ownership of Product Trademarks. All packaging, promotional materials, package inserts, and labeling for the Product in the Territory and the Limited Territory may bear one or more Trademarks that pertain specifically to the Product, including the Trademarks in existence as of the Effective Date as set forth in Exhibit ‎9.6 (together with the alternative Trademarks mentioned in the next sentence, each, a “Product Trademark”). If the Product Trademarks in existence as of the Effective Date are not eligible for trademark protection or for use in connection with the Product in the Territory and/or the Limited Territory, then IceCure shall have the right to identify alternative Trademarks owned, registered or to be registered by IceCure and that can be used for the Product in the Territory and/or the Limited Territory. IceCure or its Affiliates shall own all Intellectual Property Right in and to all Product Trademarks, all corresponding trademark applications and registrations thereof, and all common law rights thereto. All goodwill of the business associated with or symbolized by the Product Trademarks shall inure to the benefit of IceCure. Terumo acknowledges IceCure’s exclusive ownership of the Product Trademarks and agrees not to take any action inconsistent with such ownership.

Selection and Ownership of Product Trademarks. All packaging, promotional materials, package inserts, and labeling for the Product in the Territory and the Limited Territory may bear one or more Trademarks that pertain specifically to the Product, including the Trademarks in existence as of the Effective Date as set forth in Exhibit ‎9.6 (together with the alternative Trademarks mentioned in the next sentence, each, a “Product Trademark”). If the Product Trademarks in existence as of the Effective Date are not eligible for trademark protection or for use in connection with the Product in the Territory and/or the Limited Territory, then IceCure shall have the right to identify alternative Trademarks owned, registered or to be registered by IceCure and that can be used for the Product in the Territory and/or the Limited Territory. IceCure or its Affiliates shall own all Intellectual Property Right in and to all Product Trademarks, all corresponding trademark applications and registrations thereof, and all common law rights thereto. All goodwill of the business associated with or symbolized by the Product Trademarks shall inure to the benefit of IceCure. Terumo acknowledges IceCure’s exclusive ownership of the Product Trademarks and agrees not to take any action inconsistent with such ownership. For the removal of doubt, IceCure does not currently have registered Trademarks in the Territory, and nothing in this Agreement shall oblige IceCure to register any Trademarks in the Territory.