Trademarks for In-Vivo SCD Products Sample Clauses

Trademarks for In-Vivo SCD Products. NVS, in collaboration with HMI, will select, and submit to the JSC for its review and discussion, the global brand name for each In-Vivo SCD Product and the applicable Trademarks for use in the Territory. HMI will Commercialize each In-Vivo SCD Product in the U.S. under the Global Trademarks using the global brand name for such In-Vivo SCD Product selected by NVS in the Global Brand Plan and under the trade dress set forth in the Global Brand Plan, unless HMI reasonably believes that the use or registration of any Global Trademark in the U.S. (a) would be inappropriate due to the linguistic or cultural particularities in the U.S. or would violate Applicable Law in the U.S., (b) is reasonably likely to be rejected by the FDA, or (c) is in conflict with any Third Party’s Intellectual Property Rights in the U.S. If HMI is unable to use any Global Trademark for any of the foregoing reasons ((a) through (c)), then HMI will use one of the alternative Trademarks (which Trademarks will include trademarks and trade dress) for In-Vivo SCD Products in the U.S. selected by NVS in the Global Brand Plan, or if such alternative Trademarks are unacceptable for the reasons set forth in the preceding sentence, then HMI will use other Trademarks (including trademarks and trade dress) to be agreed upon by HMI and NVS (the “Local Trademarks”). HMI will own all such Local Trademarks, including all trademark registrations and applications therefor and all goodwill associated therewith. Once the brand name for an In-Vivo SCD Product has been selected for a country in the Territory pursuant to this Section 10.7.2 (Trademarks for In-Vivo SCD Products), NVS will be responsible for obtaining Regulatory Approval of such brand name for use in the Commercialization of such In-Vivo SCD Product in the U.S. HMI will Commercialize In-Vivo SCD Products in the U.S. only under the applicable Product Trademarks for such In-Vivo SCD Product and HMI’s Housemarks, and no other Trademarks (provided, that NVS Housemarks may be included with NVS’ prior written consent). Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by Homology Medicines, Inc.