Common use of Applications for, and maintenance of, new registrations Clause in Contracts

Applications for, and maintenance of, new registrations. Without prejudice to Clause 6.1 (Maintenance of existing registrations and applications), Licensee shall notify Licensor if it believes that a new application for a Licensed TM that is a Perpetually Licensed IP Right is necessary in relation to the import, export, manufacture, packaging, promotion, distribution, marketing or sale of any Alcon Product in any Territory. Upon receipt of that notice, Licensor shall, unless it reasonably determines that the new application would be detrimental to the business of Licensor and its Affiliates, make that application in its own name and shall take all reasonable steps to prosecute that application through to registration. In respect of any application made by Licensor under this Clause 6.2, Licensee shall: (a) at Licensee’s cost, promptly provide, or procure the provision from any permitted sublicensee of Licensee of, all reasonable assistance (including preparing evidence of any applicable use of the relevant Licensed TM) required by Licensor to enable Licensor to prepare, file and prosecute that application; and (b) upon receipt of an undisputed invoice from Licensor, promptly reimburse Licensor for half of any costs reasonably incurred by Licensor in connection with making that application, or subsequently maintaining any new registration, for a Licensed TM requested by Licensee under this Clause 6.2.

Applications for, and maintenance of, new registrations. Without prejudice to Clause 6.1 (Maintenance of existing registrations and applications), Licensee shall notify Licensor if it believes that a new application for a Licensed TM that is a Perpetually Licensed IP Right is necessary in relation to the import, export, manufacture, packaging, promotion, distribution, marketing or sale of any Alcon Novartis Product in any Territory. Upon receipt of that notice, Licensor shall, unless it reasonably determines that the new application would be detrimental to the business of Licensor and its Affiliates, make that application in its own name and shall take all reasonable steps to prosecute that application through to registration. In respect of any application made by Licensor under this Clause 6.2, Licensee shall: (a) at Licensee’s cost, promptly provide, or procure the provision from any permitted sublicensee of Licensee of, all reasonable assistance (including preparing evidence of any applicable use of the relevant Licensed TM) required by Licensor to enable Licensor to prepare, file and prosecute that application; and (b) upon receipt of an undisputed invoice from Licensor, promptly reimburse Licensor for half of any costs reasonably incurred by Licensor in connection with making that application, or subsequently maintaining any new registration, for a Licensed TM requested by Licensee under this Clause 6.2.