Common use of Trademarks and Patent Marking Clause in Contracts

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, BioLife shall, and shall ensure that the packaging, promotional materials, and labeling for BioLife Products shall carry, in a conspicuous location, the applicable Intrexon Trademark(s), subject to BioLife’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, BioLife shall ensure that BioLife Products, or its packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. BioLife shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. BioLife’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. BioLife acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. BioLife covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any BioLife Product). From time to time during the Term, Intrexon shall have the right to obtain from BioLife samples of BioLife Product sold by BioLife or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such BioLife Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to BioLife in writing thereafter. BioLife shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks.