Patent Disputes. Notwithstanding anything in this Agreement to the contrary, any dispute concerning inventorship that is not resolved within ​ following notice by one Party to the other Party of the creation or reduction to practice of any Invention, and any dispute regarding any and all issues regarding the scope, construction, validity, and enforceability of any patent or patent application (including whether or not such patent or patent appli cation should be included in the Patent Rights under the License Agreement) in a country within the Territory shall be determined in a court or other governmental authority of competent jurisdiction under the applicable patent laws of such country.

​ Certain Confidential Information Omitted 12.3 Patent and Trademark Disputes.

Patent and Trademark Status. To Aguettant’s Knowledge, # all issued Patents listed in [Exhibit A] and Trademarks listed on [Exhibit B] are in full force and effect, valid, subsisting and enforceable; # none of the Patents listed in [Exhibit A] and Trademarks listed in [Exhibit B] is currently involved in any interference, reissue, reexamination, or opposition proceeding; # neither Aguettant nor any of its Affiliates has received any written notice from any Person, or has knowledge, of any such actual or threatened proceeding; and # all official fees, maintenance fees and annuities for the Aguettant Patents and the Trademarks listed in [Exhibit B] that are required to be paid to prevent abandonment or other loss of rights have been paid through the Effective Date to the extent due on or before the Effective Date.

Patent and Trademark Dispute. Notwithstanding Section 15.2, any Dispute relating to the scope, validity, enforceability or infringement of any CRISPR Patents, [[Nkarta:Organization]] Patents or trademarks claiming or Covering the manufacture, use, importation, offer for sale or sale of Collaboration Products or [[Nkarta:Organization]] Products shall be submitted to a court of competent jurisdiction in the country in which such patent or trademark rights were granted or arose.

Trademark. Subject to the terms and conditions of this Agreement, LICENSOR hereby grants to IMMEDICA an exclusive right and license to use trademarks Controlled by the LICENSOR which relate to the Product, in the Territory, listed in [Schedule D], in connection with the Commercialization of the Product in the Field within the Territory. All rights of LICENSOR in and to such trademarks not expressly granted under this Section are reserved by LICENSOR. The LICENSOR shall, at its sole expense, prosecute and maintain and renew the trademarks listed in [Schedule D] throughout the term of this Agreement. IMMEDICA shall not reproduce or use (or authorize the reproduction or use of) such trademarks in any manner whatsoever other than as authorized by this Agreement. During the term and after any termination of this Agreement, IMMEDICA shall not use as its own any service mark, service name, trade name, trademark, design or logo(s) confusingly similar to such trademarks. All use of such trademarks by IMMEDICA, and all goodwill associated with such use, shall inure to the benefit of LICENSOR. LICENSEE shall use the trademarks listed in [Schedule D] in connection with the Use of the Product in the Field within the Territory unless LICENSEE has a bona fide reason for using a different trademark.

Trademark. VFMCRP will Commercialize Licensed Product under the Product Trademarks using the global brand name for such Licensed Product selected by Cara in the Global Brand Plan and under the trade dress set forth in the Global Brand Plan, except to the extent that VFMCRP reasonably believes that the use or registration of any particular Product Trademark in a particular country in the Licensed Territory # would be commercially inappropriate due to such country’s linguistic or cultural particularities or would violate the Applicable Laws of such country, # is rejected by local Regulatory Authorities or # is in conflict with any Third Party’s intellectual property rights in such country. If VFMCRP is unable to use any Product Trademark for the foregoing reasons, then VFMCRP will use one of ​ Confidential Treatment Requested two alternative trademarks and trade dresses selected by Cara in the Global Brand Plan, or if such alternative trademarks are unacceptable for the reasons set forth in the preceding sentence, then VFMCRP will use another trademark and trade dress to be agreed upon by VFMCRP and Cara acting reasonably (the “Local Trademarks”). Cara will own all such Local Trademarks, including all trademark registrations and applications therefor and all goodwill associated therewith. Cara agrees to grant and hereby grants to VFMCRP an exclusive (even as to Cara), royalty-free license in the Licensed Territory, with the right to grant sublicenses as provided in [Section 2.5] above, under the Local Trademarks to promote and otherwise Commercialize Licensed Product in the Licensed Territory. Once the brand name for a Licensed Product has been selected for a country pursuant to this Section 5.5, the Party that submits and files the MAA(s) for such Licensed Product in such country will be responsible for obtaining Regulatory Approval of such brand name for use in the Commercialization of such Licensed Product in such country.

Trademark Infringement. In the event either Party becomes aware of any infringement of any Kyorin Trademark or aTyr Trademark (if used by Kyorin under [Section 12.10.2.1] in the Kyorin Territory), as applicable, by a Third Party, such Party will promptly notify the other Party and the Parties will consult with each other and jointly determine the best way to prevent such infringement, including by the institution of legal proceedings against such Third Party. Notwithstanding the foregoing, the Party owning such Trademark retains the sole right (but not obligation) to seek to abate any such infringement.

Assigned Trademark. [[DURECT:Organization]] hereby assigns the Assigned Trademark and any and all associated goodwill to INNOCOLL. INNOCOLL agrees to use the Assigned Trademark solely in connection with its Commercialization of the Licensed Product in the Licensed Territory and it will not use the Assigned Trademark outside of the Licensed Territory, except any incidental use arising from on-line Commercialization or for Manufacturing activities for the Licensed Territory.

means the trademark listed on [Exhibit 1.5].

Trademark License. Licensee shall use the Product Marks to Commercialize the Product in the Licensee Territory. In addition, unless prohibited by Applicable Laws, Licensee shall use Commercially Reasonable Efforts to include Ovid’s corporate trademark on the packaging and product information of the Products sold in the Licensee Territory to indicate that the Product is licensed from Ovid. Ovid hereby grants to Licensee a limited, royalty-free license to use Ovid’s corporate trademark and Product Marks solely in connection with the Commercialization of the Product in the Licensee Territory under this Agreement. All use of the Product Marks and Ovid’s corporate trademark shall comply with Applicable Laws and shall be subject to Ovid’s review and approval. For clarity, Licensee shall also include its (or its Affiliate’s or Sublicensee’s, as applicable) corporate logo in the Product sold in the Licensee Territory.