Maintenance of Licensed Marks. SpinCo shall maintain all registrations for the Licensed Marks (except where any Licensed Xxxx is unable to be maintained under applicable Law), at SpinCo’s cost and expense. Notwithstanding the foregoing, SpinCo shall not be required to maintain any registration of any Licensed Xxxx if SpinCo reasonably determines such maintenance is not economically practicable; provided that any determination by SpinCo that maintenance of a Licensed Xxxx is not economically practicable shall be without regard to which Party primarily uses such Licensed Xxxx. If SpinCo intends to abandon or permit to lapse any registration for a Licensed Xxxx, SpinCo shall give RemainCo reasonable advance notice thereof, and RemainCo shall have the right (but not the obligation), at its sole cost and expense and subject to good faith consultation with SpinCo, to maintain such Licensed Marks, and SpinCo shall, at RemainCo’s cost and expense, provide all reasonable cooperation and assistance requested by RemainCo in connection therewith.
Maintenance of Licensed Marks. 4.1. Licensor shall prosecute and maintain trademark applications and registrations existing as of the Effective Date for the Licensed Marks used on or in connection with Product in the Territory. All costs and expenses (including but not limited to attorneys’ fees and expenses and official fees) of prosecuting and maintaining applications and registrations existing as of the Effective Date for the Licensed Marks shall be borne by Licensor. For the avoidance of doubt, Licensee shall prepare, file, prosecute, maintain and own any Trademarks (other than Amicus House Marks) that are created or designated by the JSC for use on Product in the Territory after the Effective Date.
4.2. Licensor shall not (i) abandon any rights in the Licensed Marks in the Territory, (ii) abandon or allow to lapse any pending application for the Licensed Marks in the Territory, or (iii) permit any active registration for the Licensed Marks to lapse, expire or be cancelled in the Territory, without first notifying Licensee.
Maintenance of Licensed Marks. 4.1. Licensor shall prepare, file, prosecute and maintain trademark applications and registrations for the Licensed Marks used on or in connection with Product in the Territory. All costs and expenses (including but not limited to attorneys’ fees and expenses and official fees) of preparing, filing, prosecuting and maintaining the Licensed Marks shall be borne by Licensor.
4.2. Licensor shall not (i) abandon any rights in the Licensed Marks in the Territory, (ii) abandon or allow to lapse any pending application for the Licensed Marks in the Territory, or (iii) permit any active registration for the Licensed Marks to lapse, expire or be cancelled in the Territory, without first notifying Licensee.
Maintenance of Licensed Marks. McLeod shall take all reasonable steps necessary to maintain and xxxxxct the Licensed Marks; provided, that McLeod's sole obligations under this Agreement with respect to exxxxxxxxnt are as set forth in Section 6.3(e).
Maintenance of Licensed Marks. (a) Except as agreed by the parties in specific instances, Licensor shall maintain all registrations of the Licensed Marks, including all domain name registrations, in full force and effect and prosecute all pending applications for registration of the Licensed Marks in the Territory. For any Licensed Marks the parties agree will be filed in other jurisdictions in the Territory or new domain names, unless otherwise agreed, during the Term of this Agreement, Licensee shall pay for the cost of application, registration, and maintenance of such Licensed Marks or domains.
(b) For any trademarks applied for or prosecuted by Licensee as authorized pursuant to this Agreement, Licensee shall (i) keep Licensor informed of all significant developments in connection with the prosecution and maintenance of any registration or application for registration of the Licensed Marks, including any opposition or other challenge by any other Person to the ownership or validity of any Licensed Mark or any registration or application for registration thereof; (ii) promptly provide to Licensor a copy of any significant correspondence or submission with or by the United States Patent and Trademark Office or any local trademark office or registry or any other Person; and (iii) consult with and fully cooperate with Licensor and consider Licensor's comments in good faith in connection with preparing any filing or response thereto. Licensor shall provide, at the request of Licensee and at Licensor's sole expense, all reasonably necessary assistance in connection with such maintenance and prosecution. Licensor shall give Licensee at least ninety (90) days' prior written notice of its intent to no longer maintain any Licensed Mark, and at Licensee's request, will allow Licensee to do so in Licensee's name and at Licensee's expense.
(c) If Licensee requests that Licensor file, or authorize Licensee to file, any application for registration of any Licensed Mark including any domain name that is not registered as of the Effective Date, Licensor shall consider the request in good faith and, provided that such rights are determined to be available for registration following such clearance searches as deemed necessary in Licensor's reasonable business judgment (the costs of which shall be borne by Licensee, Licensor shall promptly make such filings in Licensor's name and Licensor shall own all resulting registrations and related rights.
(d) Neither party shall, directly or indirectly, take an...
Maintenance of Licensed Marks. (a) Except where, in GMCR’s reasonable good faith judgment, the expiration, abandonment or invalidation of the Licensed Xxxx would not materially adversely affect the rights granted under this Agreement, GMCR shall at its own expense (i) maintain its rights in and to the material Licensed Marks, including all applicable registrations and applications, in all material respects; and (iii) not do any act, or omit to do any act, whereby any material Licensed Marks may expire prematurely or become abandoned or invalid.
(b) In the event that GMCR decides not to so maintain or renew such registrations and, as a result, such registrations would expire or be abandoned, GMCR shall provide advance notice of no less than thirty (30) days to Tully’s such that Tully’s shall be permitted at its own expense to acquire and maintain such Licensed Marks in its own name and for its own account, and GMCR shall waive any objections to any such registration. GMCR agrees to timely execute and return any assignment or other document requested by Tully’s to effect, record, secure or otherwise implement such a transfer. Portlnd2-4766999.2 0027692-00002 10
Maintenance of Licensed Marks. Licensor shall, at its sole expense (as between the parties), maintain all registrations of the registered Licensed Marks in full force and effect. Licensor shall use commercially reasonable efforts to keep Licensee informed of any opposition or other challenge by any other Person to the ownership or validity of any Licensed Mxxx of which Licensor becomes aware. Licensor shall give Licensee at least thirty (30) days' prior written notice of its intent to no longer maintain any registered Licensed Mxxx, and at Licensee's request, will allow Licensee to do so in Licensee's name.
Maintenance of Licensed Marks. 4.1. Licensor shall prepare, file, prosecute and maintain trademark applications and registrations for the Licensed Marks used on or in connection with Product in the Territory. All costs and expenses (including but not limited to attorneys’ fees and expenses and official fees) of preparing, filing, prosecuting and maintaining the Licensed Marks shall be borne by Licensor. ****** - Material has been omitted and filed separately with the Commission.
4.2. Licensor shall not (i) abandon any rights in the Licensed Marks in the Territory, (ii) abandon or allow any pending application for the Licensed Marks to lapse in the Territory, or (iii) permit any active registration for the Licensed Marks to lapse, expire or be cancelled in the Territory, without first notifying Licensee.
Maintenance of Licensed Marks. (a) 800 and Piestro shall, at their sole expense, use commercially reasonable efforts to renew any registrations of the Licensed Marks for the Licensed Products and the Service in the event any trademark registrations exist and make commercially reasonable efforts, if deemed appropriate in the sole discretion of 800 or Go, as applicable, to file and prosecute any pending applications for registration of the Licensed Marks for the Licensed Products or the Service in the Territory. 800 or Go, as applicable, shall give Go written notice of its intent to no longer prosecute trademark applications or renew any registration for the Licensed Mxxx for the Licensed Products or the Service. Go will cooperate at Go’s own expense with 800 and Piestro to provide evidence of use and first use dates associated with the use of the Licensed Marks for the Licensed Products and the Service.
(b) If Go requests that 800 or Piestro file any application for registration of any Licensed Mxxx that is not registered as of the Effective Date (including any New Licensed Mxxx Use approved or deemed approved under Section 2.3), and provided that such rights are determined to be available for registration following such clearance searches as deemed reasonably necessary by 800 or Go, as applicable, and provided Go demonstrates a reasonable business need for such registration, 800 or Go, as applicable, shall promptly make such filings in its own name and shall own all resulting registrations and related rights. The costs of any such trademark clearance searches and filings shall be borne equally by the parties.
(c) Neither party shall, directly or indirectly, take any action or omit to take any action, or make or permit any use of the Licensed Marks or Co-Branded Mxxx(s), that disparages the other party or any of its products or services (including any Licensed Products or the Service), or otherwise dilutes, tarnishes, or impairs the value and associated goodwill of the Licensed Marks or Co-Branded Mxxx(s).
Maintenance of Licensed Marks. XxXxxx shall take all reasonable steps necessary to maintain and protect the Licensed Marks; provided, that XxXxxx’x sole obligations under this Agreement with respect to enforcement are as set forth in Section 6.3(e).
