Common use of Trade Marks Clause in Contracts

Trade Marks. 14.1 Licensee shall have the absolute right and discretion to manufacture, have manufactured, or use Licensed Products under any trade marks designated by Licensee (“Licensee’s Trade Marks”) provided that the Licensee’s Trade Marks shall be readily distinguishable from, and not confusingly similar to, any trade mark or trade name, whether registered or not, of NUS. 14.2 NUS hereby agrees that it shall have no claim, right, title or interest in or to the Licensee’s Trade Marks (except where any of such Licensee’s Trade Marks is not readily distinguishable from, or is confusingly similar to, any trade mark or trade name of NUS), and that all goodwill accruing thereto shall belong to Licensee absolutely. 14.3 Licensee shall have the sole conduct of all proceedings relating to the Licensee’s Trade Marks. 14.4 Licensee shall have the sole right to decide what action, if any, to take in respect of any infringement or alleged infringement of the Licensee’s Trade Marks or any other claim or counterclaim brought or threatened in respect of the use or registration of any of the Licensee’s Trade Marks. 14.5 Licensee shall not be obliged to bring or defend any proceedings in relation to the Licensee’s Trade Marks. 14.6 NUS shall not be entitled to bring any proceedings in respect of any infringement or alleged infringement of any of the Licensee’s Trade Marks.

Appears in 4 contracts

Samples: Exclusive License Agreement (60 Degrees Pharmaceuticals, Inc.), Exclusive License Agreement (60 Degrees Pharmaceuticals, Inc.), Exclusive License Agreement (60 Degrees Pharmaceuticals, Inc.)

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