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 Xxxx 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 Xxxx. If Licensor approves such proposed AOL Xxxx (a "New AOL Xxxx"), Licensor may in its reasonable discretion seek to obtain a trade or service xxxx registration for such New AOL Xxxx in applicable jurisdiction(s) within the Territory. Licensee shall reimburse Licensor for all costs, fees, and expenses incurred in seeking to obtain New AOL Xxxx 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 Xxxx, Licensee may, in its reasonable discretion, seek to obtain at its own expense trade or service xxxx registration for such xxxx, as the case may be, within the relevant country(s) of the Territory.
Trademark Prosecution. Xxxxxx, 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. 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. 5.1 Licensee may from time to time request Holding to apply to register a PalmOne Brand or a Transition Xxxx (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 Xxxx, 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 Xxxx 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 Xxxx 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 Xxxx 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. 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. The JDMC will decide which Party shall be responsible (using mutually acceptable outside counsel) for the filing, prosecution, defense and maintenance before all trademark offices of the Product Trademarks and all related and reasonable costs and expenses shall be deemed Regulatory and IP Costs.
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. (a) The Debtor shall assume full and complete responsibility for the prosecution, defense, enforcement or any other necessary or desirable actions in connection with the Trademarks and shall hold the Secured Parties harmless from any and all costs, damages, liabilities and expenses that may be incurred by the Secured Parties in connection with the Secured Parties' interest in the Trademarks or any action or failure to act by Debtor in connection with this Trademark Agreement or the transactions contemplated hereby.
(b) With respect to all Trademarks which are material to the Debtor's business, the Debtor shall have the right and the duty, through trademark counsel acceptable to the Secured Parties, to (i) prosecute diligently any applications to register such Trademarks pending as of the date of this Trademark Agreement or thereafter, (ii) to preserve and maintain all rights in such Trademarks including the filing of appropriate renewal applications and other instruments to maintain in effect such Trademarks and (iii) pay when due all registration renewal fees and other fees, taxes and other expenses that shall be incurred or that shall accrue. Any expenses incurred in connection with such actions shall be borne by the Debtor. Further, the Debtor shall not abandon any Trademark (or registration or application therefore) which is material to the Debtor's business, without the consent of the Secured Parties.
(c) The Debtor shall have the right and the duty to bring suit or other action in the Debtor's own name to maintain and enforce the Trademarks which are material to its business. The Debtor may require the Secured Parties to join in such suit or action as necessary to assure the Debtor's ability to bring and maintain any such suit or action in any proper forum if (but only if) the Debtor is completely satisfied that such joinder will not subject the Secured Parties to any risk of liability. The Debtor shall promptly, upon demand, reimburse and indemnify the Secured Parties for all damages, costs and expenses, including legal fees, incurred by the Secured Parties pursuant to this ss.7(c).
(d) In general, the Debtor shall take any and all such actions (including institution and maintenance of suits, proceedings, or actions) as may be necessary or appropriate to properly maintain, protect, preserve, and enforce the Trademarks which are material to Debtor's business. The Debtor shall not take or fail to take any action, nor permit any action to be taken or n...
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.
