Trademarks and Tradenames Generally Sample Clauses

Trademarks and Tradenames Generally. ViroPharma will select and own the trademarks or tradenames to be used by ViroPharma for the Drug Inhalation System. Neither Party nor its Affiliates shall adopt, use, or register any acronym, trademark, tradename, service xxxx or other marketing name that is the same as or confusingly similar to any acronym, trademark, tradename, service xxxx or other marketing name used by the other Party or its Affiliates except to the extent such adoption, use or registration was in process prior to the Effective Date.
Sample 1
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Trademarks and Tradenames Generally. The DEVELOPMENT COMMITTEE will select, after consultation and mutual agreement, trademarks or tradenames to be owned by Aradigm and used by SB under license for each AERx SYSTEM and other related PRODUCTS (the "Product Marks"). With respect to the selection of Product Marks, it is agreed and understood that if a REGULATORY APPROVAL is achieved in the European Union for an AERx SYSTEM, a single Product Mark xxx xxxd to be employed throughout the European Union with respect to such AERx SYSTEM, depending on the regulations in existence at the time. If the DEVELOPMENT COMMITTEE agrees, one of the Product Marks to be used on all PRODUCTS is AERx(TM) Pain Management System; if such mark xx not agreed to, then Aradigm may specify an alternative mark xx be used on all PRODUCTS, subject to SB's approval to be withheld only if there is a substantial trademark infringement issue with the proposed mark, xx other issue (such as likelihood of confusion) identified by SB reasonably and good faith that could interfere with use of such mark. Xxch mark xxxignated by Aradigm (whether AERx, if agreed, or the other acceptable mark) xxall be referred to herein as the "APMS Trademark". As provided in Section 9.11 below, Aradigm agrees that SB shall have the exclusive right to use the APMS Trademark, which right is solely for use in association with marketing and sale of the PRODUCTS for use in the FIELD, but such right shall not prevent Aradigm from using or licensing the AERx(TM) trademark (or such other generally-applicable mark xx selected by Aradigm as provided above) for any use other than in the FIELD. SB, its AFFILIATES and/or sublicensees shall not adopt, use, or register any acronym, trademark, tradename, service mark xx other marketing name of Aradigm or any confusingly similar mark xx symbol as part of SB's or its AFFILIATE'S own trademark or tradename for other products it markets. Likewise, Aradigm, its AFFILIATES and/or sublicensees shall not adopt, use, or register any acronym, trademark, trade name, service mark xx other marketing name of SB or any confusingly similar mark xx symbol as part of Aradigm's or its AFFILIATE'S own trademark or trade name for other products it markets. For clarification, it is agreed that SB shall have the unilateral right to select trademarks for any SB PROPRIETARY DRUG and Aradigm shall have no ownership interest in such marks.
Sample 1

Related to Trademarks and Tradenames Generally

  • Trademarks and Tradenames 17 10.10 Indemnity........................................................................ 17 10.11

  • Trademarks and Trade Names (a) Each party hereby acknowledges that it does not have, and shall not acquire any interest in any of the other party’s trademarks or trade names unless otherwise expressly agreed.

  • Patents and Trademarks The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or material for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). Neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of the Intellectual Property Rights used by the Company or any Subsidiary violates or infringes upon the rights of any Person. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Trade Names and Trademarks No Issuer Entity may use any company name, trade name, trademark or service xxxx or logo of Ameriprise or any person or entity controlling, controlled by, or under common control with Ameriprise without Ameriprise’s prior written consent.

  • Trademarks; Tradenames As soon as practicable after the Closing Date, Seller shall eliminate the use of all of the trademarks, tradenames, service marks and service names used in the Business, in any of their forms or spellings, on all advertising, stationery, business cards, checks, purchase orders and acknowledgments, customer agreements and other contracts and business documents. Seller shall grant Buyer the right to use the ClearStory name, as described in the Trademark License Agreement at Exhibit B.

  • Trademarks, Etc Except to the extent required by applicable law, no Party shall use any other Party's names, logos, trademarks or service marks, whether registered or unregistered, without the prior consent of such Party.

  • Patents, Copyrights and Trademarks Schedule 5 lists all material Trademarks, material Copyrights and material Patents, in each case, registered in the United States Patent and Trademark Office or the United States Copyright Office, as applicable, and owned by such Grantor in its own name as of the date hereof, and all material Trademark Licenses, all material Copyright Licenses and all material Patent Licenses (including, without limitation, material Trademark Licenses for registered Trademarks, material Copyright Licenses for registered Copyrights and material Patent Licenses for registered Patents) owned by such Grantor in its own name as of the date hereof, in each case, that is solely United States Intellectual Property.

  • Patents, Trademarks and Copyrights Machinery and equipment of the VESSEL, whether made or furnished by the BUILDER under this CONTRACT, may bear the patent numbers, trademarks, or trade names of the manufacturers. The BUILDER shall defend and save harmless the BUYER from all liabilities or claims for or on account of the use of any patents, copyrights or design of any nature or kind, or for the infringement thereof including any unpatented invention made or used in the performance of this CONTRACT and also for any costs and expenses of litigation, if any in connection therewith. No such liability or responsibility shall be with the BUILDER with regard to components and/or equipment and/or design supplied by the BUYER. Nothing contained herein shall be construed as transferring any patent or trademark rights or copyrights in equipment covered by this CONTRACT, and all such rights are hereby expressly reserved to the true and lawful owners thereof.

  • Patents, Trademarks, Copyrights and Licenses All patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade secrets and licenses owned or utilized by any Borrower are set forth on Schedule 5.9, are valid and have been duly registered or filed with all appropriate Governmental Bodies and constitute all of the intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such patent, trademark, copyright, design rights, tradename, trade secret or license and no Borrower is aware of any grounds for any challenge, except as set forth in Schedule 5.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright license owned or held by any Borrower and all trade secrets used by any Borrower consist of original material or property developed by such Borrower or was lawfully acquired by such Borrower from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Borrower, such Borrower is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto.

  • Patents, Trademarks, Etc Each Borrower and their Subsidiaries owns, possesses, or has the right to use all necessary Patents, licenses, Trademarks, Copyrights, permits and franchises to own its properties and to conduct its business as now conducted, without known conflict with the rights of any other Person. Any and all obligations to pay royalties or other charges with respect to such properties and assets are properly reflected on the financial statements described in Section 4.1.11 (Financial Condition).

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