Trademark Prosecution Clause Samples

Trademark Prosecution. The prosecution and maintenance of all trademark applications and registrations for the ZOOM Marks shall be controlled by, and within the sole discretion of Licensor at its sole expense, but upon the written request of Licensee, Licensor shall promptly provide Licensee with copies of all correspondence to or from any domestic or foreign trademark office regarding the prosecution and maintenance of all trademark applications and registrations regarding or related to the ZOOM Marks. From time to time and at any time during the Term of this Agreement upon request by Licensee, Licensor shall file additional trademark applications for the ZOOM Marks to include additional goods and services included in the Licensed Goods and Services or to cover additional jurisdictions as required by the Licensee’s business needs (the “Requested Registrations”). Licensee shall be solely responsible for all reasonable costs of filing, prosecuting and maintaining the Requested Registrations.

Trademark Prosecution. Licensor has, as of the Effective Date, --------------------- registered the Core AOL Marks set forth on Attachment D in the Countries set ------------ forth on Attachment D. Licensee shall inform Licensor of any proposed ------------ additional AOL ▇▇▇▇ Licensee desires to use in connection with the Licensee Interactive Services. Licensor shall not unreasonably withhold or delay its approval of the use of any such proposed AOL ▇▇▇▇. If Licensor approves such proposed AOL ▇▇▇▇ (a "New AOL ▇▇▇▇"), Licensor may in its reasonable discretion seek to obtain a trade or service ▇▇▇▇ registration for such New AOL ▇▇▇▇ in applicable jurisdiction(s) within the Territory. Licensee shall reimburse Licensor for all costs, fees, and expenses incurred in seeking to obtain New AOL ▇▇▇▇ registrations in the Territory. Licensor shall take steps, in its reasonable discretion, to protect the AOL Marks within the Territory, including filing trademark applications. With respect to a Licensee ▇▇▇▇, Licensee may, in its reasonable discretion, seek to obtain at its own expense trade or service ▇▇▇▇ registration for such ▇▇▇▇, as the case may be, within the relevant country(s) of the Territory.

Trademark Prosecution. ▇▇▇▇▇▇, at is sole expense, shall be responsible for the filing, prosecution, defense and maintenance before all trademark offices of the Product Trademarks.

Trademark Prosecution. King shall own all right, title and interest in and to the Product Trademark and PTI hereby assigns same to King and shall execute such assignment documents as King reasonably requests for purposes of recording the foregoing assignment. King shall have the right, at its own expense, and using mutually acceptable outside counsel, to file, prosecute, defend and maintain before all trademark offices the Product Trademarks.

Trademark Prosecution. 5.1 Licensee may from time to time request Holding to apply to register a PalmOne Brand or a Transition ▇▇▇▇ (other than PALM (as limited by the license grant in Section 3.10)). Such a request shall be directed to the Brand Manager. Licensee shall provide all necessary information and assistance to the Brand Manager in trademark prosecution matters related to the PalmOne Brand or the Transition Marks. The Brand Manager shall comply with such a request unless the Brand Manager reasonably determines that doing so may result in a Conflict. If the Brand Manager denies the request, Licensee may invoke the Dispute Resolution Process. If the Brand Manager grants the request or the request as approved through the Dispute Resolution Process (a) the Brand Manager shall act on the request and (b) Schedule 4 or Schedule 9, as applicable, shall be amended to add such new PalmOne ▇▇▇▇, new application or registration, or new Territory, as the case may be. Wherever possible, Holding will be the registrant of any requested PalmOne Domain Name and will be listed as the administrative contact, and in such cases, Licensee will be listed as the technical contact. Licensee shall be solely responsible for all costs, fees and expenses incurred for the clearance, registration, maintenance, sublicensing and recordals for all PalmOne Brands and Transition Marks (other than PALM (as limited by the license grant in Section 3.10)). 5.2 If Licensee or any Sublicensee uses in a particular territory a PalmOne Brand or Transition ▇▇▇▇ on or in connection with goods or services beyond the scope of a then existing registration or application for registration, or applies for or obtains registration of a PalmOne Brand or Transition ▇▇▇▇ outside of the procedures set forth in Section 5.1, Licensee will indemnify and hold Holding and PalmSource harmless for any liabilities either may incur resulting therefrom, including all direct damages, costs and expenses related thereto, which shall be borne solely by Licensee. Without limiting the previous sentence, if Licensee applies for or obtains registration of a PalmOne Brand or Transition ▇▇▇▇ outside of the procedure set forth in Section 5.1, then: (a) Licensee hereby does, and agrees to, assign any such applications or registrations to Holding and (b) Licensee hereby agrees that it shall do all things and execute all documents that Holding, in its sole discretion, deems necessary or convenient to effect or perfect such assignment.

Trademark Prosecution. AstraZeneca shall have the sole right to file, prosecute, defend and maintain the Product Trademarks, at AstraZeneca’s expense, except with respect to Partially-Terminated Products, where the Parties shall reasonably cooperate with one another and Targacept shall bear such expense outside the applicable Partially-Terminated Product Territory.

Trademark Prosecution. Biotest shall be responsible for the filing, prosecution, defense and maintenance before all trademark offices of the Licensed Product Trademarks at Biotest’s expense. In the event that ImmunoGen has exercised a Co-Development Option to a Licensed Product both Parties shall be responsible for the filing, prosecution, defense and maintenance before all trademark offices in the Co-Development Territory of the Licensed Product Trademarks of such Co-Developed Product under the direction of the JDC or JMC, as appropriate, and shall equally share all expenses related thereto.

Trademark Prosecution. Amgen shall be responsible (using mutually acceptable outside counsel) for the filing, prosecution, defense and maintenance before all trademark offices of the Product Trademarks at Amgen’s expense.

Trademark Prosecution. 1. The Assignor shall assume full and complete responsibility for the prosecution, defense, enforcement or any other necessary or desirable actions in connection with the Pledged Trademarks, and shall hold the Creditor harmless from any and all costs, damages, liabilities and expenses that may be incurred by the Creditor in connection with the Creditor's interest in the Pledged Trademarks or any other action or failure to act in connection with this Trademark Agreement or the transactions contemplated hereby. In respect of such responsibility, the Assignor shall retain trademark counsel acceptable to the Creditor. 2. The Assignor shall have the right and the duty, through trademark counsel acceptable to the Creditor, to prosecute diligently any trademark registration applications of the Trademarks pending as of the date of this Trademark Agreement or thereafter, to preserve and maintain all rights in the Trademarks and Trademark Registrations, including the filing of appropriate renewal applications and other instruments to maintain in effect the Trademark Registrations and the payment when due of all registration renewal fees and other fees, taxes and other expenses that shall be incurred or that shall accrue with respect to any of the Trademarks or Trademark Registrations. Any expenses incurred in connection with such applications and actions shall be borne by the Assignor. The Assignor shall not abandon any filed trademark registration application, or any Trademark Registration or Trademark, without the consent of the Creditor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, to the extent any Foreign Trademark is not material to the conduct of the Assignor's business in such jurisdiction, the Assignor may, in the prudent exercise of its best judgment, choose not to prosecute, preserve, maintain or enforce its rights with respect to a Foreign Trademark without the prior written consent of the Creditor. 3. The Assignor shall have the right and the duty to bring suit or other action in the Assignor's own name to maintain and enforce the Trademarks, the Trademark Registrations and the Trademark Rights. The Assignor may require the Creditor to join in such suit or action as necessary to assure the Assignor's ability to bring and maintain any such suit or action in any proper forum if (but only if) the Creditor is completely satisfied that such joinder will not subject the Creditor to any risk of liability. The Assignor shall ...