Common use of Trademark Registrations and Infringements Clause in Contracts

Trademark Registrations and Infringements. (a) Notwithstanding the grant of rights to Schering under Section 2.1, ICN acknowledges that Schering intends to develop and use Schering Trademarks for the Product in the Territory, and that Schering shall not be required to use the ICN Trademark in connection with the rights granted to Schering under this Agreement and shall be free to use the Schering Trademark, the use of the ICN Trademark being solely at the election of Schering. Schering acknowledges that ICN intends to use ICN Trademarks for the Product in the EU, as provided in this Agreement. (b) Should Schering elect to use the ICN Trademark in any country in the Territory, Schering shall notify ICN in writing, and, if the ICN Trademark is filed or registered there, ICN shall prosecute, maintain and defend in its or an Affiliate's name, and at its own cost and expense, the ICN Trademark in such country relating to the marketing or sale of the Product. If the ICN Trademark is not filed or registered in such country, then ICN shall so notify Schering and, upon Schering's written request, which shall not be unreasonably refused, ICN shall file and prosecute the ICN Trademark in such country, with the reasonable out-of-pocket costs of ICN for such filing and prosecution to be reimbursed to ICN by Schering. In addition, Schering shall provide reasonable cooperation to ICN so as to be entered as a Registered User or recorded licensee of the ICN Trademark in any country of the Territory, including the execution of any documents pursuant to ICN's reasonable request. Upon termination of this Agreement for any reason, Schering shall also provide reasonable cooperation to ICN, so as to be removed as Registered User or recorded licensee of the ICN Trademark in the Territory, including the execution of any documents pursuant to ICN's reasonable request, and this obligation shall survive termination of this Agreement. (c) Schering and ICN each acknowledge the rights of the other in their respective trademarks, trade names, trade dress and logos used in connection with the Product, and, except and to the extent expressly provided in this Agreement, nothing in this Agreement shall be deemed to give either Party during or after the duration of this Agreement any right, title or interest in the trademarks, trade names, trade dress or logos of the other Party.

Trademark Registrations and Infringements. (a) Notwithstanding the grant of rights to Schering under Section 2.1, ICN acknowledges that Schering intends to develop and use Schering Trademarks for the Product in the Territory, and that Schering shall not be required to use the ICN Trademark in connection with the rights granted to Schering under this Agreement and shall be free to use the Schering Trademark, the use of the ICN Trademark being solely at the election of Schering. Schering acknowledges that ICN intends to use ICN Trademarks for the Product in the EU, as provided in this Agreement. (b) Should Schering elect to use the ICN Trademark in any country in the Territory, Schering shall notify ICN in writing, and, if the ICN Trademark is filed or registered there, ICN shall prosecute, maintain and defend in its or an Affiliate's name, and at its own cost and expense, the ICN Trademark in such country relating to the marketing or sale of the Product. If the ICN Trademark is not filed or registered in such country, then ICN shall so notify Schering and, upon Schering's written request, which shall not be unreasonably refused, ICN shall file and prosecute the ICN Trademark in such country, with the reasonable out-of-pocket costs of ICN for such filing and prosecution to be reimbursed to ICN by Schering. In addition, Schering shall provide reasonable cooperation to ICN so as to be entered as a Registered User or recorded licensee of the ICN Trademark in any country of the Territory, including the execution of any documents pursuant to ICN's reasonable request. Upon termination of this Agreement for any reason, Schering shall also provide reasonable cooperation to ICN, so as to be removed as Registered User or recorded licensee of the ICN Trademark in the Territory, including the execution of any documents pursuant to ICN's reasonable request, and this obligation shall survive termination of this Agreement.to (c) Schering and ICN each acknowledge the rights of the other in their respective trademarks, trade names, trade dress and logos used in connection with the Product, and, except and to the extent expressly provided in this Agreement, nothing in this Agreement shall be deemed to give either Party during or after the duration of this Agreement any right, title or interest in the trademarks, trade names, trade dress or logos of the other Party.