Examples of Depomed Trademarks in a sentence
Subject to this Section 4.8 and to applicable Legal Requirements, Depomed shall have the right to use Depomed Trademarks, and include the name “Depomed,” “AcuForm,” or any variation thereof on the Promotional Materials developed by Depomed in accordance with this Agreement.
All patents, trademarks and other intellectual property rights used by Depomed to Commercialize Products in the Territory or Manufacture Products for Commercialization in the Territory prior to the Effective Date are included in the Depomed Patent Rights, Depomed Trademarks and Technology licensed to Santarus hereunder.
Depomed shall use commercially reasonable efforts to prosecute and maintain the Depomed intellectual property in the Territory related to any Product or its use, including the Depomed Patent Rights and the Depomed Trademarks (subject, in the case of the 1000mg Product, to BLS’s rights and Depomed’s obligations in respect of intellectual property under the BLS Agreements).
Santarus acknowledges and agrees that it shall not acquire and shall not claim any title to the Depomed Trademarks adverse to Depomed by virtue of the rights granted under this Agreement or through Santarus’ use of the Depomed Trademarks, it being the intention of the parties that all goodwill and improved reputation generated by Santarus and use of the Depomed Trademarks shall inure to the benefit of Depomed.
All Promotional Materials developed by Santarus hereunder shall prominently display such Depomed Trademark(s) as shall be specified by Depomed to Santarus following its review of the applicable prototype in accordance with Section 4.4(b).
During the Term, subject to the terms and conditions of this Agreement (including Depomed’s right to elect to Promote the Products as set forth in Section 4.9), Depomed hereby grants to Santarus and its Affiliates and Santarus and its Affiliates hereby accept an exclusive right to Promote the Products under the Depomed Trademarks in the Territory, on the terms and subject to the conditions set forth herein.
Santarus recognizes Depomed’s title to the Depomed Trademarks, and shall not at any time, during or after the Term, do or knowingly suffer to be done any act or thing which will in any way impair the rights of Depomed in or to the Depomed Trademarks.
King recognizes Depomed’s title to the Depomed Trademarks, and shall not at any time, during or after the Term, do or knowingly suffer to be done any act or thing which will in any way impair the rights of Depomed in or to the Depomed Trademarks.
Subject to this Section 4.8 and to applicable Legal Requirements, King shall have the right to use the King Trademarks, and include the name “King” or any variation thereof on the Promotional Materials developed by King; provided, that such King Trademarks shall not appear in such Promotional Materials in greater prominence or in greater frequency than the Depomed Trademark(s).
In addition, the JCC will discuss including the Santarus Trademarks, in equal prominence to the Depomed Trademarks and in accordance with all Legal Requirements, on all packaging for Samples distributed by the Santarus Sales Force, with determination by the JCC as to including such marks being based on the timing for implementing such change and the costs associated therewith, with all out-of-pocket costs associated with creating and approving new packaging borne by Santarus if so approved by the JCC.