Pending Trademark Applications Sample Clauses

Pending Trademark Applications. COUNTRY TRADEMARK APPLICATION NO. FILING DATE
Sample 1
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Pending Trademark Applications. Country Serial No. Filing Date Trademark
Sample 1
Pending Trademark Applications. None. None. None. None. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTED Deltak, L.L.C. U.S. Bancorp 21561954 5/28/2002 Equipment Deltak, L.L.C. U.S. Bancorp 21666282 6/06/2002 Equipment Deltak, L.L.C. U.S. Bancorp 41754565 6/14/2004 Lease Deltak, L.L.C. U.S. Bancorp 42496497 9/03/2004 Lease Deltak, L.L.C. U.S. Bancorp 51166959 4/15/2005 Lease Deltak, L.L.C. U.S. Bancorp 52839133 9/14/2005 Lease Xxxxxx Manufacturing, L.L.C. Mitel Capital 50831082 3/16/2005 Equipment2 Xxxxxx Manufacturing, L.L.C. CIT Bank 00000000 9/07/2005 Equipment Xxxxxx Manufacturing, L.L.C. CIT Bank 00000000 11/04/2005 Equipment Xxxxxx Manufacturing, L.L.C. CIT Bank 00000000 12/15/2005 Equipment Contingent right of set-off of Air Liquide (if any) against a refund to the Borrower or any of its Subsidiaries of VAT taxes paid to the Netherlands prior to the date of, and pursuant to, that certain Conditions of Contract dated December 10, 2004 and Completion Agreement dated December 22, 2006 by Maasvlakte Energie BV and Deltak, L.L.C. . Customer Liens on Equipment owned by Deltak, L.L.C. and not extending to the assets of a Credit Party other than Deltak, L.L.C. to any Subsidiary of a Credit Party or to any other assets of Deltak, L.L.C. 2 To be released in accordance with Schedule 4.03. Global Power Equipment Group Inc. Xxxxxx Power Equipment (Shanghai) Co., Ltd. 200,000 Global Power Equipment Group Inc. Xxxxxx Manufacturing, L.L.C. 14,809,334 Global Power Equipment Group Inc. Deltak, L.L.C. 29,836,668 Global Power Equipment Group Inc. Deltak Construction Services, Inc. 231,000 Global Power Equipment Group Inc. Xxxxxx Construction Services, Inc. 804,000 Global Power Equipment Group Inc. Xxxxxx-Europe B.V. 1,741,000 Global Power Equipment Group Inc. Xxxxxxxx Industrial Services Group, L.L.C. 72,380,000 Xxxxxx Manufacturing, L.L.C. Xxxxxx Manufacturing S.A. DE C.V. 6,568,680 Deltak, L.L.C. Deltak B.V. 66,505 Deltak, L.L.C. Deltak Israel Ltd. 2,977 These amounts represent cash capital contributions by the Investor in the Investee following the initial acquisition thereof. The amounts permitted above will be permanently reduced by the write-down of any such Investment. The following L/Cs are outstanding as of the Closing Date: *** (half of the page omitted) The “GPEG Indemnity” in fa...
Sample 1
Pending Trademark Applications. In recognition of terms of this Agreement, Xxxxxx agrees at the expense of Hugo Boss to do the following within thirty (30) days of the Effective Date: a. abandon Trademark Application No. 74/074,962 for BOSS, including without limitation by filing an Express Abandonment with the Patent & Trademark Office ("PTO"); b. delete "golf caps" from the description of goods in Trademark Application No. 74/075,953 for BOSS; c. abandon/delete that portion of Trademark Application No. 74/323,654 for BOSS which relates to Classes 14, 18 and 28 and all goods listed therein as well as delete "robes, blazers, topcoats, pajamas, sleepwear, lingerie, underclothing, bras, panties, petticoats, stockings, leggings, hosiery, tights, wristbands, headbands, footwear, smocks, scarves, shawls and suspenders" from the description of goods in the Class 25 portion of said Application; and
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Pending Trademark Applications. Title (Country) Filed Action --------------- ----- ------ VIRAWASH (U.S.A.) 05.04.92 Approved Awaiting Registration
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Pending Trademark Applications. Country Serial No. Filing Date Trademark United States TBD EVORAPET Country Serial No. Filing Date Trademark 85/466150 11/07/11 S. rattus JH145 85/466139 11/07/11 S. uberis KJ2 85/466154 11/07/11 S. oralis KJ3 Argentina 3124889 12/09/11 EVORA 3110268 12/09/11 PROBIORA3 Brazil 840014023 02/08/12 EVORAPLUS Filed 02/08/12 PROBIORA3 Canada 1562888 02/22/12 EVORAPET Chile 969767 09/13/11 PROBIORA3 TBA 12/28/11 EVORAPLUS & Design Japan 2011-85965 11/29/11 EVORA 2012-9311 02/21/12 PROBIORA3 & Design Filed EVORAPET Mexico 1210545 09/09/11 EVORA 12115905 09/29/11 PROBIORA3 South Africa 2011/28125 11/04/11 TEDDY’S PRIDE S. Korea 00-0000-00000 03/29/11 PROBIORA3 00-0000-00000 03/29/11 TEDDY’S PRIDE Taiwan 100028484 06/08/11 EVORAPLUS 100028487 06/08/11 EVORAPLUS & Design Venezuela TBA 03/05/12 EVORA 2/30/11 PROBIORA3 United States Trademark MU1140 DPOLT LPT3-04 None. THE SECURITIES EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT, AS AMENDED, OR ANY OTHER APPLICABLE SECURITIES LAWS AND HAVE BEEN ISSUED IN RELIANCE UPON AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND SUCH OTHER SECURITIES LAWS. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN MAY BE SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED, OR OTHERWISE DISPOSED OF, EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED PURSUANT TO A VALID EXEMPTION THEREFROM UNDER THE SECURITIES ACT. Warrant No. Date: THIS CERTIFIES that, for value received, The Xxxxx Family Limited Partnership is entitled to purchase from Oragenics, Inc., a Florida corporation (the “Corporation”), subject to the terms and conditions hereof, [ ] [( )] shares (the “Warrant Shares”) of common stock, $0.001 par value (the “Common Stock”). This warrant, together with all warrants hereafter issued in exchange or substitution for this warrant, is referred to as the “Warrant” and the holder of this Warrant is referred to as the “Holder.” The Warrant is being issued pursuant to that certain Loan Agreement between the Company and the Purchaser named therein. The number of Warrant Shares is subject to adjustment as hereinafter provided. Notwithstanding anything to the contrary contained herein, this Warrant shall expire and no longer be exercisable at 5:00 p.m. Eastern Time (ET) on third anniversary of the date at which issued (the “Termination Date”);...
Sample 1
Pending Trademark Applications. As reflected on Schedule 1, there are as of the date indicated on Schedule 1 fifteen (15) Trademark matters (including both registrations and applications) beneficially owned by Seller for which assignments to Seller have not been recorded. Further, there are sixty-five (65) pending Trademark applications (including 4 of the aforementioned 15 Trademark matters) which have not as yet been registered. (i) Seller will, at its own cost and in cooperation with Buyer, use all commercially reasonable efforts to record Seller's ownership of the aforementioned 15 Trademark matters. For this purpose, commercially reasonable efforts shall take into account the jurisdiction involved, the sales (actual and expected) in such jurisdiction and the costs required for completion. (ii) Seller shall retain the obligation to prosecute and otherwise maintain the 4 aforementioned pending Trademark applications, at Seller's cost, until such time as each application shall have been recorded in the name of Buyer. (iii) With respect to those of the other pending applications which under the laws of the subject jurisdiction may not be assigned pending the occurrence of a condition subsequent, Seller also retains the obligation to prosecute and otherwise maintain such applications, at Seller's cost. Buyer is hereby granted an exclusive license to use each such Trademark for the goods recited in each such pending application, within the jurisdiction of each such pending application, and hereby is granted options to purchase each such Trademark upon the occurrence of the condition subsequent and upon payment of USD 10 to Seller in each event. (iv) With respect to any pending or future opposition proceedings against any of the 65 pending applications, Seller and Buyer shall cooperate in order to solve such problem through appropriate and commercially reasonable efforts. Such efforts include but are not limited to payment to any such third party that shows a reasonable ground for its opposition and which according to local counsel cannot be overcome by argumentation in the local Trademark Office. Any such payment to a third party shall be equally divided between Seller and Buyer. Seller's obligation under this undertaking is, however, limited to an aggregate maximum sum of USD 100,000. (v) The undertakings made by the parties (i) with respect to any of the aforementioned 65 pending Trademark applications which remain subject to opposition before registration, and (ii) with respect to the ...
Sample 1
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Pending Trademark Applications. App No. Filing Date Xxxx
Sample 1
Pending Trademark Applications i. Do the to-be-assigned trademark assets include pending trademark applications? ii. Can pending trademark applications (of any type) be assigned in the jurisdiction? iii. Are there any restrictions on assigning applications based on intent-to-use or proposed-use grounds? iv. If the latter assignment restriction applies, is a conditional assignment of an application filed on intent-to-use or proposed-use grounds (i.e., to make the assignment subject to issuance of a resulting registration) acceptable? v. What are the requirements, if any, for setting forth details of pending trademark applications in either the body of the TAA or any attached Schedule?
Sample 1

Related to Pending Trademark Applications

  • Trademark Use (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to use any other trademark or service mark xx connection with any of the Vendor Trademarks without prior written approval of Vendor. All use of Vendor Trademarks shall inure to the benefit of Vendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, and agrees to use the Reseller Trademarks only in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark xx connection with any of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that may arise from Reseller's improper or unauthorized replication, packaging, marketing, distribution, or installation of the Software, including claims based on representations, warranties, or misrepresentations made by Reseller. (d) BOTH PARTIES LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY THE OTHER PARTY, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESELLER STATES AND VENDOR ACKNOWLEDGES THAT THE BENEFITS OF THIS AGREEMENT ARE A MATERIAL INDUCEMENT TO RESELLER TO ENTER INTO THE CO-HOSTING AGREEMENT AND, IN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY VENDOR FOR AN ALLEGED MATERIAL RESELLER BREACH WHICH IS HELD NOT TO BE A MATERIAL BREACH IN FACT, THE COURT SHALL CONSIDER IN ASSESSING DAMAGES HEREUNDER THE CO-HOSTING FEES AND ANY AMOUNTS PAID BY ANY SUCCESSOR THIRD PARTY SITE MANAGER FOR THE RIGHT TO PERFORM SIMILAR WEB SITE SERVICES FOR VENDOR WITHIN ONE YEAR OF THE TERMINATION.

  • Patent Applications It is understood by the parties that, pursuant to the Baylor Technology Transfer Agreement, MAS has the initial responsibility for filing, prosecution and maintenance of Patents and Patent Applications covering the Baylor Technology. The parties agree that, as between MAS and CTI, MAS shall be responsible for deciding whether and how to file, prosecute and maintain the Patents and Patent Applications, provided that: (a) all decisions of MAS (whether substantive or procedural) concerning whether and how to file, prosecute and/or maintain any Patents and Patent Applications shall be acceptable to CTI, such acceptance not to be unreasonably withheld; (b) with respect to any action permitted under Section 5.5 of the Baylor Technology Transfer Agreement or Section 5.5 of this Agreement, MAS will use legal counsel reasonably acceptable to CTI; (c) MAS will provide CTI with (i) drafts of all filings relating to the Patents and Patent Applications and (ii) drafts of all correspondence to be sent by MAS to Baylor, the Patent and Trademark Office (the “PTO”) or any third party relating to the Patents and Patent Applications. Final versions of all such filings and correspondence shall be acceptable to CTI, such acceptance not to be unreasonably withheld; (d) MAS will promptly provide CTI with copies of any notices and other correspondence received by CTI from Baylor, the PTO or any other third party relating to the Patents and Patent Applications, including, but not limited to, any notices received by MAS pursuant to Section 5.5 of the Baylor Technology Transfer Agreement; (e) MAS will, if requested by CTI, provide notice to Baylor under any of the circumstances permitting notice pursuant to Section 5.5 of the Baylor Technology Transfer Agreement; (f) MAS agrees to cooperate with CTI to whatever extent is reasonably necessary to procure patent protection of any rights regarding the Licensed Technology and agrees to execute any and all documents to give CTI the full benefit of the sublicenses and licenses granted herein; (g) MAS represents and warrants that, as of the Effective Date, it has not received any notices from Baylor pursuant to Section 5.5(c) or Section 5.5(d) of the Baylor Technology Transfer Agreement. In the event MAS receives any notices from Baylor pursuant to Section 5.5(c) or Section 5.5(d) of the Baylor Technology Transfer Agreement after the Effective Date. MAS will provide a copy of such notice to CTI within five (5) business days of receipt of such notice by MAS. MAS will then take all actions requested by CTI to allow CTI to retain its rights granted under this Agreement, including, but not limited to, promptly notifying Baylor in the event CTI wishes MAS to proceed with any actions in connection with the Patents or Patent Applications.

  • Copyright/Trademark/Patent Consultant understands and agrees that all matters produced under this Agreement shall become the property of District and cannot be used without District's express written permission. District shall have all right, title and interest in said matters, including the right to secure and maintain the copyright, trademark and/or patent of said matter in the name of the District. Consultant consents to use of Consultant's name in conjunction with the sale, use, performance and distribution of the matters, for any purpose and in any medium.

  • Patents, Trademarks, Copyrights, Licenses, Etc Each Loan Party and each Subsidiary of each Loan Party owns or possesses all the material patents, trademarks, service marks, trade names, copyrights, licenses, registrations, franchises, permits and rights necessary to own and operate its properties and to carry on its business as presently conducted and planned to be conducted by such Loan Party or Subsidiary, without known possible, alleged or actual conflict with the rights of others.

  • 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 As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City.

  • Patents and Patent Applications To the Company’s knowledge, all patents and patent applications owned by or licensed to the Company or under which the Company has rights have been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

  • Trademarks, Patents Each of the Borrower and the Subsidiaries possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others.

  • Protection and Registration of Intellectual Property Rights (a) Each Co-Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property material to Borrower’s business; (ii) promptly advise Bank in writing of material infringements or any other event that could reasonably be expected to materially and adversely affect the value of its Intellectual Property material to Borrower’s business; and (iii) not allow any Intellectual Property material to a Co-Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent. (b) If a Co-Borrower (i) obtains any Patent, registered Trademark, registered Copyright, registered mask work, or any pending application for any of the foregoing, whether as owner, licensee or otherwise, or (ii) applies for any Patent or the registration of any Trademark, then such Co-Borrower shall, within the later of (A) fifteen (15) days from the date of such application or (B) on the next Compliance Certificate delivered in accordance with the terms of Section 6.2 hereof, provide written notice thereof to Bank and shall execute such intellectual property security agreements and other documents and take such other actions as Bank may request in its good faith business judgment to perfect and maintain a first priority perfected security interest in favor of Bank in such property. If a Co-Borrower decides to register any Copyrights or mask works in the United States Copyright Office, such Co-Borrower shall: (x) provide Bank with at least fifteen (15) days prior written notice of such Co-Borrower’s intent to register such Copyrights or mask works together with a copy of the application it intends to file with the United States Copyright Office (excluding exhibits thereto); (y) execute an intellectual property security agreement and such other documents and take such other actions as Bank may request in its good faith business judgment to perfect and maintain a first priority perfected security interest in favor of Bank in the Copyrights or mask works intended to be registered with the United States Copyright Office; and (z) record such intellectual property security agreement with the United States Copyright Office contemporaneously with filing the Copyright or mask work application(s) with the United States Copyright Office. Each Co-Borrower shall promptly provide to Bank copies of all applications that it files for Patents or for the registration of Trademarks, Copyrights or mask works, together with evidence of the recording of the intellectual property security agreement required for Bank to perfect and maintain a first priority perfected security interest in such property.

  • Patents, Trademarks, Etc The Borrower has obtained and holds in full force and effect all patents, trademarks, servicemarks, trade names, copyrights and other such rights, free from burdensome restrictions, which are necessary for the operation of its business as presently conducted, the impairment of which is likely to have a Material Adverse Effect.

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