Maintenance of Licensed Trademarks. Nothing contained in this Agreement shall be construed as requiring Licensor to file any trademark application, to secure any trademark registration, or to maintain in force any trademark registration. Without limiting the foregoing, at Licensor’s sole expense, Licensee shall perform all lawful acts and execute such documents or instruments as Licensor may reasonably request to register, confirm, evidence, maintain or protect Licensor’s rights to or under the Licensed Marks.
Maintenance of Licensed Trademarks. Artisanal Cheese hereby acknowledges and agrees that it will use its best efforts and take any and all recommended or necessary steps to complete any application, and maintain any registration, which has been or may be filed or registered with the United States Patent and Trademark Office (the “USPTO”) or a foreign equivalent thereof, as applicable, with respect to the Licensed Trademarks. In the event that Artisanal Cheese fails to fulfill its obligations under this Section 2, (i) Artisanal Cheese hereby authorizes Licensees to take any and all actions on its behalf, and execute any and all documents and certificates in its name, which are recommended or necessary fulfill such obligations, at the sole cost of Artisanal Cheese, and (ii) in addition to any other legal and equitable remedies available, Licensees shall be entitled to injunctive relief and to have such obligations specifically enforced by any court having equity jurisdiction.
Maintenance of Licensed Trademarks. Promptly following a request by Xxxxx, TXMD shall provide a sample of the current use of each Licensed Trademark and a certificate of an officer of Mayne that is consistent with the U.S. Patent and Trademark Office’s Section 8 Affidavit of Use (or successor form) upon which Xxxxx shall be entitled to rely in filing its own such affidavit. Until such time as the Minimum Annual Royalty is no longer due, Mayne shall be responsible for the maintenance of the existing registration of the Licensed Trademarks in the Territory, at its sole cost and expense, to the extent permitted by Law; provided that Mayne may abandon any of the Licensed Trademarks in its sole discretion. Thereafter, maintenance and prosecution of Licensed Trademarks shall be at the sole discretion of Xxxxx.
Maintenance of Licensed Trademarks. USITC shall at all times until the Note has been paid in full maintain the Licensed Trademarks in good standing including without limitation by payment of all renewal fees and filing of affidavits of use or other documentation required therefor, and furnish to Senetek upon its request evidence of such actions.
Maintenance of Licensed Trademarks. Subject to customary exceptions, Licensor shall be solely responsible, at its expense and in its sole discretion, for maintaining registrations of the Licensed Trademarks.
Maintenance of Licensed Trademarks. Licensor will use its best efforts to register and maintain, or cause to be registered and maintained, the Licensed Trademarks in the particular jurisdictions to enable the Goods and Services to be distributed and sold under the Licensed Trademarks as provided herein.
Maintenance of Licensed Trademarks. LICENSEE shall promptly notify LICENSOR in writing of any infringement by others of the Licensed Trademarks on articles similar to the Licensed Products if and when such become known to LICENSEE and shall provide LICENSOR with any available evidence of such infringement. Only LICENSOR shall have the right to commence legal proceedings against such infringer, and the expense of such legal proceedings shall be shared equally by LICENSOR and LICENSEE. In any infringement action, proceeding or claim brought by LICENSOR, LICENSEE, at its expense, shall make available to LICENSOR any relevant books, records, papers, information, designs, samples, specimens, and the like and shall cause any of the LICENSEE's employees to be deposed or to testify, whenever requested to do so by LICENSOR. Any damage award or recovery resulting from such legal proceedings shall be divided equally between LICENSOR and LICENSEE.
Maintenance of Licensed Trademarks. LICENSEE shall promptly notify LICENSOR in writing of any infringement by others of the Licensed Trademarks on articles similar to the Licensed Products if and when such infringement becomes known to LICENSEE and shall provide LICENSOR with any available evidence of such infringement. Only LICENSOR has the right to commence legal proceedings against such infringer. In any infringement action, proceeding or claim brought by LICENSOR, LICENSEE, at its expense, shall make available to LICENSOR any relevant books, records, papers, information, designs, samples, specimens, and the like and shall cause any of LICENSEE’s employees to be deposed or to testify, whenever requested to do so by LICENSOR.
