Covenants Relating to Patents and Trademarks. (A) Maintain as in the past the quality of products and services offered under each of its Trademarks that is a Material IP Right, (B) to the extent registered, employ each of its Trademarks that is a Material IP Right with the appropriate notice of registration, if applicable, and (C) not adopt or use any xxxx that is confusingly similar or a colorable imitation of such Trademarks unless the Administrative Agent, for the ratable benefit of the Secured Parties, shall obtain a perfected security interest in such Trademark pursuant to this Security Agreement. (ii) Notify the Administrative Agent promptly if it knows that any of its Patents or Trademarks that is a Material IP Right, or any application or registration relating to any of its Patents or Trademarks that is a Material IP Right, may become abandoned, invalidated, rendered unenforceable or dedicated to the public, or of any adverse determination or development (including, without limitation, the institution of, or any such determination or development in, any proceeding in the United States Patent and Trademark Office, or any similar office or agency in any other country or any political subdivision thereof or any court or tribunal in any country) regarding a Grantor’s ownership of any such Patent or Trademark or its right to register the same or to keep and maintain the same. (iii) Take all reasonable and necessary steps, including, without limitation, in any proceeding before the United States Patent and Trademark Office or any similar office or agency in any other country or any political subdivision thereof, to maintain and pursue each application (and to obtain the relevant registration) and to maintain each registration of each of its Patents and Trademarks that is a Material IP Right, including, without limitation, filing of applications for renewal, affidavits of use and affidavits of incontestability.
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Samples: Security Agreement (Establishment Labs Holdings Inc.)
Covenants Relating to Patents and Trademarks. (i) Except for changes in the ordinary course of the business of the Obligors (A) Maintain Continue to use each material Trademark on each and every trademark class of goods applicable to its current line as reflected in its current catalogs, brochures and price lists in order to maintain such Trademark in full force free from any claim of abandonment for non-use, (B) maintain as in the past the quality of products and services offered under each of its Trademarks that is a Material IP Rightsuch Trademark, (BC) to the extent registered, employ each of its Trademarks that is a Material IP Right such Trademark with the appropriate notice of registration, if applicable, and (CD) not adopt (and not permit any licensee or use sublicensee thereof to) do any xxxx that is confusingly similar act or a colorable imitation of such Trademarks unless the Administrative Agent, for the ratable benefit of the Secured Parties, shall obtain a perfected security interest in such knowingly omit to do any act whereby any material Trademark pursuant to this Security Agreementbecomes invalidated.
(ii) Not do any act, or omit to do any act, whereby any material Patent may become abandoned or dedicated.
(iii) Notify the Administrative Agent promptly and the holders of the Secured Obligations immediately if it knows that any of its Patents or Trademarks that is a Material IP Right, or any application or registration relating to any of its Patents Patent or Trademarks that is a Material IP Right, Trademark may become abandoned, invalidated, rendered unenforceable abandoned or dedicated to the publicdedicated, or of any adverse determination or development (including, without limitation, the institution of, or any such determination or development in, any proceeding in the United States Patent and Trademark Office, or any similar office or agency in any other country or any political subdivision thereof Office or any court or tribunal in any country) regarding a Grantor’s Obligor's ownership of any such Patent or Trademark or its right to register the same or to keep and maintain the same.
(iiiiv) Take all reasonable and necessary steps, including, without limitation, in any proceeding before the United States Patent and Trademark Office Office, or any similar office or agency in any other country or any political subdivision thereof, to maintain and pursue each application (and to obtain the relevant registration) and to maintain each registration of each of its material Patents and Trademarks that is a Material IP RightTrademarks, including, without limitation, filing of applications for renewal, affidavits of use and affidavits of incontestability.
(v) Not make any assignment or agreement in conflict with the security interest in the Patents or Trademarks of each Obligor hereunder except for sales or other dispositions permitted by the Credit Agreement.
Appears in 1 contract
Covenants Relating to Patents and Trademarks. (i) (A) Maintain Continue to use each material Trademark in order to maintain such Trademark in full force free from any claim of abandonment for non-use, (B) maintain as in the past the quality of products and services offered under each of its Trademarks that is a Material IP Rightsuch Trademark, (BC) to the extent registered, employ each of its Trademarks that is a Material IP Right such Trademark with the appropriate notice of registration, if applicable, registration and (CD) not adopt (and not permit any licensee or use sublicensee thereof to) do any xxxx act or knowingly omit to do any act whereby any material Trademark may become invalidated unless such Obligor determines that is confusingly similar or a colorable imitation of such Trademarks unless the Administrative Agent, for the ratable benefit of the Secured Parties, shall obtain a perfected security interest in such Trademark pursuant to this Security Agreementis no longer useful or necessary in its business.
(ii) Notify Not do any act, or omit to do any act, whereby any material Patent may become abandoned or dedicated unless such Obligor determines that such Patent is no longer useful or necessary in its business.
(iii) Promptly notify the Administrative Agent promptly if it knows that any of its Patents or Trademarks that is a Material IP Rightknows, or has reason to know, that any application or registration relating to any of its Patents material Patent or Trademarks that is a Material IP Right, material Trademark may become abandoned, invalidated, rendered unenforceable abandoned or dedicated to the publicdedicated, or of any adverse determination or development (including, without limitation, the institution of, or any such determination or development in, any proceeding in the United States Patent and Trademark Office, or any similar office or agency in any other country or any political subdivision thereof the Canadian Intellectual Property Office or any court or tribunal in any country) regarding a Grantoran Obligor’s ownership of any such Patent or Trademark or its right to register the same or to keep keep, maintain and maintain use the same.
(iiiiv) Take all reasonable and necessary steps, including, without limitation, in any proceeding before the United States Patent and Trademark Office Office, or any similar office or agency in any other country or any political subdivision thereof, to maintain and pursue each application (and material application, to obtain the relevant registration) registration and to maintain each registration of each of its the material Patents and Trademarks that is a Material IP Rightmaterial Trademarks, including, without limitation, filing of applications for renewal, affidavits of use and affidavits of incontestability.
(v) Promptly notify the Administrative Agent after it learns that any material Patent or material Trademark included in the Collateral is infringed, misappropriated or diluted by a third party and take such actions as it shall reasonably deem appropriate under the circumstances to protect such Patent or Trademark in a material manner.
(vi) Not make any assignment or agreement in conflict with the security interest in the Patents or Trademarks of any Obligor hereunder.
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Covenants Relating to Patents and Trademarks. (A) Maintain as in the past the quality of products and services offered under each of its Trademarks Trademark owned by such Grantor that is a Material IP Right, (B) to the extent registered, employ each of its Trademarks Trademark owned by such Grantor that is a Material IP Right with the appropriate notice of registration, if applicable, and (C) not adopt or use any xxxx that is confusingly similar or a colorable imitation of such Trademarks unless the Administrative Agent, for the ratable benefit of the Secured Parties, shall obtain a perfected security interest in such Trademark pursuant to this Security Agreement.
(ii) Notify the Administrative Agent promptly if it knows that any of its Patents Patent or Trademarks Trademark owned by a Grantor that is a Material IP Right, or any application or registration relating to any of its Patents Patent or Trademarks Trademark owned by a Grantor that is a Material IP Right, Right may become abandoned, invalidated, rendered unenforceable or dedicated to the public, or of any adverse determination or development (including, without limitation, the institution of, or any such determination or development in, any proceeding in the United States Patent and Trademark Office, or any similar office or agency in any other country or any political subdivision thereof or any court or tribunal in any country) regarding a Grantor’s ownership of any such Patent or Trademark or its right to register the same or to keep and maintain the same.
(iii) Take all reasonable and necessary steps, including, without limitation, in any proceeding before the United States Patent and Trademark Office or any similar office or agency in any other country or any political subdivision thereof, to maintain and pursue each application (and to obtain the relevant registration) and to maintain each registration of each of its Patents Patent and Trademarks Trademark owned by a Grantor that is a Material IP Right, including, without limitation, filing of applications for renewal, affidavits of use and affidavits of incontestability.
Appears in 1 contract
Samples: Security Agreement (Veracyte, Inc.)