Certain Obligations of Licensee. Licensee shall not use any ▇▇▇▇ other than the Trademarks to identify the Licensed Product in connection with Commercialization. Licensee shall not, without Somaxon’s prior written consent, directly or indirectly, make any use of the Trademarks, or any ▇▇▇▇ which is confusingly similar thereto, as part of a corporate or trade name or in connection with any product or service, other than as permitted under this Agreement. (a) As between the Parties, Somaxon shall have the sole right and obligation, at its cost and expense, to obtain and maintain any registration, or other form of protection, for the Trademarks (excluding Licensee Trademarks) for use in connection with Commercialization. (b) Licensee, at Somaxon’s cost and expense, shall take such actions and provide such assistance as Somaxon may reasonably request from time to time, in connection with Somaxon filing, prosecuting or otherwise in connection with seeking any registration for any of the Trademarks (excluding Licensee Trademarks) for the Licensed Product in the Territory, and as may be reasonably necessary for Somaxon to renew, maintain, protect or enforce, any such Trademark or any pending application for registration or any registration therefor (including the filing of any applications for registration of any Trademark (excluding Licensee Trademarks) for use in connection with the Licensed Product in the Territory). (c) Licensee shall be permitted use Licensee Trademarks together with the Trademarks in connection with Commercialization so long as such use is in compliance with Section 2.4.1(c).
Appears in 2 contracts
Sources: License Agreement (Somaxon Pharmaceuticals, Inc.), License Agreement (Somaxon Pharmaceuticals, Inc.)