Use of Product Trademarks. If the Parties agree and determine that Terumo will use the Product Trademarks on the Products sold in the Territory and/or the Limited Territory, Terumo shall comply with reasonable policies provided by IceCure from time to time to maintain the goodwill and value of the Product Trademarks. In such a case, Terumo shall not, and shall cause its Affiliates not to, (i) use, seek to register, or otherwise claim rights in the Territory in any Trademark that is confusingly similar to, misleading or deceptive with respect to, or that materially dilutes, any of the Product Trademarks, or (ii) knowingly do, cause to be done, or knowingly omit to do any act, the doing, causing or omitting of which endangers, undermines, impairs, destroys or similarly affects, in any material respect, the validity or strength of any of the Product Trademarks (including any registration or pending registration application relating thereto) or the value of the goodwill pertaining to any of the Product Trademarks.
Use of Product Trademarks. All packaging materials, package inserts, labels, labeling, and marketing, sales, advertising and Promotional Materials relating to Products and distributed in the Territory shall properly display the Product Trademark notice in the form and style and with a placement determined by Braeburn.
Use of Product Trademarks. Neither Party shall, and shall allow its Affiliates to, knowingly do, cause to be done, or knowingly omit to do any act, the doing, causing or omitting of which endangers, undermines, impairs, destroys or similarly affects, in any material respect, the validity or strength of any of the Product Trademark (including any registration or pending registration application relating thereto) or the value of the goodwill pertaining to any of the Product Trademarks.
Use of Product Trademarks. Eisai shall Commercialize each Product in the Territory only under the applicable Product Trademarks with respect thereto. Eisai shall provide Arena with samples of any advertising and promotional materials that incorporate the Product Trademarks prior to distributing such materials for use. Eisai shall comply with reasonable policies provided by Arena from time to time to maintain the goodwill and value of the Product Trademarks. Neither Party shall, or shall permit its Affiliates (or with respect to Arena, the Arena ex-Territory Distributors) to, (i) use, seek to register, or otherwise claim rights in the Territory in any Trademark that is confusingly similar to, misleading or deceptive with respect to, or that materially dilutes any of the Product Trademarks, (ii) knowingly do, cause to be done, or knowingly omit to do any act, the doing, causing or omitting of which endangers, undermines, impairs, destroys or similarly affects, in any material respect, the validity or strength of any of the Product Trademarks (including any registration or pending registration application relating thereto) or the value of the goodwill pertaining to any of the Product Trademarks.
Use of Product Trademarks. Licensee agrees to use the Product Trademarks only in connection with the Products and in compliance with reasonable quality standards and specifications. Licensee agrees to correctly use the trademark symbol TM or registration symbol ® in connection with the Product Trademarks.
Use of Product Trademarks. Distributor shall promote, market, sell, offer for sale, import, distribute and otherwise commercialize the Product in the Field in the Territory only under the Product Trademarks. Distributor shall provide Zogenix with samples of any advertising and promotional materials that incorporate the Product Trademarks prior to distributing such materials for use. Distributor shall comply with reasonable policies provided by Zogenix from time to time to maintain the goodwill and value of the Product Trademarks. Distributor shall not, and shall cause its Affiliates not to, (i) use, seek to register, or otherwise claim rights in the Territory in any Trademark that is confusingly similar to, misleading or deceptive with respect to, or that materially dilutes, any of the Product Trademarks, or (ii) knowingly do, cause to be done, or knowingly omit to do any act, the doing, causing or omitting of which endangers, undermines, impairs, destroys or similarly affects, in any material respect, the validity or strength of any of the Product Trademarks (including any registration or pending registration application relating thereto) or the value of the goodwill pertaining to any of the Product Trademarks.
Use of Product Trademarks. All packaging materials, package inserts, labels, labeling, and marketing, sales, advertising and Promotional Materials relating to the Final Products and distributed in the Territory shall use the Product Trademark as determined in Molteni’s sole discretion.
Use of Product Trademarks. Nycomed shall use the Product trademark PREOTACT® where possible. To the extent that PREOTACT® can not be used for commercial, regulatory or other reasons, Nycomed shall have the right to use Product Trademarks other than PREOTACT® including PREOS® for use on or in connection with the Product and Device, subject to NPS’ prior approval not to be unreasonably withheld. In the event Nycomed uses the PREOS® trademark for use on or in connection with the Product and Device, all goods sold by Nycomed under the PREOS® trademark and all related advertising, promotional and other related uses of the PREOS® trademark by Nycomed shall conform to all standards that may be set from time to time by NPS and shall otherwise be of a high standard in the respective trade and of such style, appearance and quality as to be adequate and suited to their exploitation to the best advantage and to the protection and enhancement of the PREOS® trademarks and the good will pertaining thereto. Nycomed agrees to cooperate with NPS in facilitating NPS’ control of such nature and quality, to permit reasonable inspection of Nycomed’s operation, and to supply NPS with specimens of all uses of the PREOS® trademark upon request.
Use of Product Trademarks. During the period commencing on the Effective Date and ending, on a Product Trademark-by-Product Trademark and Region-by-Region basis, on the date (if any) on which BMS assigns to Medarex pursuant to Section 14.3, BMS’ rights, title and interest in and to a particular Product Trademark for a particular Region, the Parties shall comply with this Section 11.7.2 in connection with use of such Product Trademark. Medarex agrees to conform to the customary guidelines of BMS with respect to manner of use (as provided in writing by BMS), and to maintain the quality standards of BMS with respect to the goods sold and services provided in connection with such Product Trademarks. Each Party shall use commercially reasonable efforts not to do any act which endangers, destroys or similarly affects, in any material respect, the value of the goodwill pertaining to the Product Trademarks. Further, except when used in accordance with any usage guidelines provided by BMS or a use is otherwise approved in accordance with other provisions of this Agreement, Medarex shall submit to BMS any materials bearing the Product Trademarks for review and approval prior to the use thereof.
Use of Product Trademarks. During the period commencing on the Restatement Effective Date and ending upon termination of the Co-Promotion Term: (i) Merck, BMKK, BMS and MJ agree that the Product Trademark will be affixed to Final Product and will be used exclusively in furtherance of the objectives of this Agreement and the Existing Agreements; (ii) MJ and BMKK shall have the co-exclusive right and license to use the Product Trademark in Japan as required and/or permitted by this Agreement; and (iii) the Parties shall comply with this Section 9.1(b) in connection with such use of the Product Trademark on Final Product in Japan. Each Party shall use commercially reasonable efforts after the Restatement Effective Date until notice of termination is provided by any Party as to termination of the Co-Promotion Term not to do any act which endangers, destroys or similarly affects, in any material respect, the value of the goodwill pertaining to the Product Trademark. Further, except when used in accordance with any usage guidelines agreed to by the SCJ or any applicable Subcommittee under this Agreement, or except when a use is otherwise approved in accordance with other provisions of this Agreement, BMKK and MJ shall submit to each other any materials bearing the Product Trademark for review and approval prior to the use thereof.
