Maintenance of Patents and Trademarks Sample Clauses

Maintenance of Patents and Trademarks. (a) Licensor shall keep Licensee currently advised of all steps taken or to be taken in the prosecution of all applications for Patents. Licensor shall have full and complete control over any reissue or reexamination or other proceedings relating to the Patents, the Trademarks and/or Technology and of any disclaimers thereof. Licensor shall bear all costs for the maintenance and enforcement of the Patents and Trademarks, as well as all costs for the filing, maintenance and enforcement of all additional Patents which may be filed by the Licensor during the term hereof. If Licensor fails to carry out such obligations set forth in this Section 8, Licensee may carry out such obligations on Licensor's behalf at Licensor's cost and may set off such cost against amounts due to Licensor hereunder provided that such action is commercially reasonable.
Sample 1
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Maintenance of Patents and Trademarks. THERMO shall, at its own cost and expense, apply for, prosecute, register, maintain and renew all Patent Rights and THERMO Marks within the European Union (and, if necessary, all countries within the European Union) and Israel, and Distributor shall cooperate with THERMO with respect to the same at THERMO's reasonable request. In addition, THERMO shall, at its own cost and expense, apply for, prosecute, register, maintain and renew all Patent Rights and THERMO Marks in such other portions of the Territory as THERMO may determine in its reasonable judgment, and Distributor shall cooperate with THERMO with respect to the same at THERMO's reasonable request. In the event that THERMO elects to abandon or otherwise not maintain any Patent Rights or THERMO Marks, it shall furnish to Distributor at least ninety (90) days' prior written notice before the expected date of abandonment or non-maintenance, and furnish to Distributor all information reasonably necessary and appropriate relating to such Patent Rights or THERMO Marks. Distributor may pursue the maintenance and renewal of such Patent Rights or THERMO Marks in THERMO's name, in which event THERMO shall reimburse Distributor for such costs and expenses (or Distributor may deduct such costs and expenses from any payments due to THERMO hereunder or under the Manufacturing License Agreement). Notwithstanding anything to the contrary, THERMO will not at any time do or permit to be done any act or thing that would in any way impair the rights of Distributor in and to the Patent Rights or the THERMO Marks, or which would adversely affect the validity of the Patent Rights or THERMO Marks.
Sample 1
Maintenance of Patents and Trademarks. (a) Licensor and Licensee expressly acknowledge that Licensor does not intend to further develop the Patents, Trademarks or Technology for the Products. However, Licensor shall keep Licensee currently advised of the status of the Patents, the Trademarks and/or Technology. Licensor shall bear all costs for the maintenance of the Patents and Trademarks. If Licensor fails to carry out such obligations set forth in this Section 7, Licensee may, in its sole discretion, carry out such maintenance on Licensor's behalf and may set off such cost against amounts due to Licensor hereunder, provided that such action by Licensee is commercially reasonable.
Sample 1
Maintenance of Patents and Trademarks. Except as set forth on Schedule 5.1.27, each Loan Party shall, and shall cause each of its Subsidiaries to, maintain in full force and effect all patents, trademarks, service marks, trade names, copyrights, licenses and franchises necessary for the ownership and operation of its properties and business if the failure so to maintain the same would constitute a Material Adverse Change."
Sample 1

Related to Maintenance of Patents and Trademarks

  • Maintenance of Patents, Trademarks, Etc Each Loan Party shall, and shall cause each of its Subsidiaries to, maintain in full force and effect all patents, trademarks, service marks, trade names, copyrights, licenses, franchises, permits and other authorizations necessary for the ownership and operation of its properties and business if the failure so to maintain the same would constitute a Material Adverse Change.

  • Copyrights, Patents and Trademarks (i) To the best of each Obligor’s knowledge, each Copyright, Patent and Trademark of such Obligor is valid, subsisting, unexpired, enforceable and has not been abandoned.

  • Patents and Trademarks The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or material for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). Neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of the Intellectual Property Rights used by the Company or any Subsidiary violates or infringes upon the rights of any Person. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Maintenance of Patents 12 5.5. Prosecution of Patent Application................................................. 12 5.6.

  • Patents, Trademarks, Copyrights and Licenses All patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade secrets and licenses owned or utilized by any Borrower are set forth on Schedule 5.9, are valid and have been duly registered or filed with all appropriate Governmental Bodies and constitute all of the intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such patent, trademark, copyright, design rights, tradename, trade secret or license and no Borrower is aware of any grounds for any challenge, except as set forth in Schedule 5.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright license owned or held by any Borrower and all trade secrets used by any Borrower consist of original material or property developed by such Borrower or was lawfully acquired by such Borrower from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Borrower, such Borrower is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto.

  • Copyrights, Patents, Trademarks and Licenses, etc The Company and each Subsidiary own or are licensed or otherwise have the right to use all of the material patents, trademarks, service marks, trade names, copyrights, contractual franchises, authorizations and other rights that are reasonably necessary for the operation of their respective businesses, without material conflict with the rights of any other Person. To the best knowledge of the Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person. Except as specifically disclosed in Schedule 6.5, no claim or litigation regarding any of the foregoing is pending or, to the knowledge of the Company, threatened, and no patent, invention, device, application, principle or any statute, law, rule, regulation, standard or code is pending or, to the knowledge of the Company, proposed, which, in either case, would reasonably be expected to have a Material Adverse Effect.

  • Patents, Trademarks There are no material patents, patent rights, trademarks, service marks, trade names, copyrights, licenses or other intellectual property rights with respect to the Leased Property that are necessary for the operation of the Leased Property by the Lessee, except to the extent that the Lessee has rights in respect thereof without material payment of royalties or other material licensing payments, which rights may be freely leased, licensed or otherwise provided to Lessor or any successor owner, lessee, user or operator of the Leased Property pursuant to the Operative Documents.

  • Trademarks, Patents Borrower, as of the date hereof, possesses all necessary trademarks, trade names, copyrights, patents, patent rights, and licenses to conduct its business as now operated, without any known conflict with the valid trademarks, trade names, copyrights, patents and license rights of others.

  • Patents, Copyrights and Trademarks Schedule 5 lists all material Trademarks, material Copyrights and material Patents, in each case, registered in the United States Patent and Trademark Office or the United States Copyright Office, as applicable, and owned by such Grantor in its own name as of the date hereof, and all material Trademark Licenses, all material Copyright Licenses and all material Patent Licenses (including, without limitation, material Trademark Licenses for registered Trademarks, material Copyright Licenses for registered Copyrights and material Patent Licenses for registered Patents) owned by such Grantor in its own name as of the date hereof, in each case, that is solely United States Intellectual Property.

  • Trademarks, Patents, Etc (a) Schedule 4.8(a) contains a true and complete list of all letters patent, patent applications, trade names, trademarks, service marks, trademark and service xxxx registrations and applications, copyrights, copyright registrations and applications, grants of a license or right to the Company with respect to the foregoing, both domestic and foreign, claimed by either Company or used or proposed to be used by the Company in the conduct of its business, whether registered or not, (collectively herein, "Registered Rights").

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