Trademark Prosecution and Maintenance. Licensee shall [***] be responsible for filing, prosecuting and maintaining (including searching and policing) any and all Product Trademarks and Licensee Trademarks, and conducting litigation with respect thereto. Coherus shall [***] be responsible for filing, prosecuting and maintaining (including searching and policing) any and all Global Brand Trademarks and Coherus Trademarks, and conducting litigation with respect thereto. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Trademark Prosecution and Maintenance. Licensee shall [***] be responsible for filing, prosecuting and maintaining, including without limitation searching and policing, any and all Product Trademarks and Licensee Trademarks, and conducting litigation with respect thereto. BioGenerics shall [***] be responsible for filing, prosecuting and maintaining, including without limitation searching and policing, any and all Global Brand Trademarks and BioGenerics Trademarks, and conducting litigation with respect thereto.
Trademark Prosecution and Maintenance. Distributor shall [***] be responsible for filing, prosecuting and maintaining, including without limitation searching and policing, any and all Product Trademarks, and conducting litigation with respect thereto. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION COPY
Trademark Prosecution and Maintenance. Bayer shall bear the full costs and expense of and be responsible for filing, prosecuting and maintaining any Trademarks owned by Bayer. Nektar shall bear the full costs and expense of and be responsible for filing, prosecuting and maintaining any Trademarks owned by Nektar. The Parties shall jointly select a Product-specific Trademark and shall jointly own such Trademark in the Shared Territory. For jointly filed, Product-specific Trademark(s) in the Shared Territory, all of the cost and expenses incurred by the Parties under this Agreement, including without limitation those incurred in connection with the selection, preparation, filing, prosecution, and maintenance of Trademark(s) used in Commercialization of the Product, filing and maintenance fees paid to governmental authorities, and the costs of litigation (enforcement or defense) or other proceedings, under such Trademark(s), including without limitation fees and expenses paid to outside counsel (“Trademark Expenses”), shall be shared by the Parties as follows: Bayer shall bear [***] of such costs and expenses, and Nektar shall bear [***] of such costs and expenses. Bayer shall solely own and shall be responsible for filing, prosecuting and maintaining any Product-specific Trademarks in the Royalty Territory and conducting litigation with respect thereto. Bayer shall solely bear all costs and expenses associated with such activities for any Product-specific Trademark in the Royalty Territory.
Trademark Prosecution and Maintenance. 83 9.3.6 Trademark Enforcement 83 9.3.7 Copyright License 85 9.4 Grant of Licenses to BeiGene 85 9.4.1 Conduct of Permitted Activities 85 9.4.2 Development and Commercialization in the BeiGene Territory 86 9.5 Subcontracting. 86 9.5.1 Novartis 86 9.5.2 BeiGene 86 9.6 Rights Retained by the Parties. 86
Trademark Prosecution and Maintenance. As between the Parties, AOP shall[***] have the first right, but not the obligation, to file, maintain and prosecute the AOP Trademarks throughout the Eagle Territory, including conducting any proceedings relating thereto. AOP shall keep Eagle reasonably informed of progress with regard to the prosecution and maintenance of AOP Trademarks. Eagle shall have the right to consult and review all material AOP Trademark filings in advance of any deadline, submission to or action with any trademark office. AOP shall consider in good faith any reasonable and timely comments provided by Eagle in connection with the prosecution and maintenance of such AOP Trademarks. At AOP’s request, Eagle shall reasonably cooperate with AOP in the prosecution and maintenance of such AOP Trademarks. If AOP desires to abandon or cease prosecution or maintenance of any such AOP Trademarks, AOP shall provide written notice to Eagle of such intention promptly after AOP makes such determination, but in no event later than [***] prior to any deadline that must be met in order to avoid such abandonment, and Eagle shall have the right, but not the obligation, to assume responsibility for prosecution and maintenance of such AOP Trademarks [***].
Trademark Prosecution and Maintenance. ViroPharma shall use reasonable efforts to ensure that the trademark PICOVIR may be used for the promoting and selling of VP Product. Consistent with Laws, ViroPharma shall make, or shall use reasonable efforts to ensure that SaSy makes, adequate filings for, and prosecute and maintain, all Trademarks in the Territory unless ViroPharma reasonably believes that any such Trademark is not material to the matters contemplated in this Agreement. ViroPharma shall consult with Aventis before abandoning, or upon ViroPharma's receipt of notice from SaSy that SaSy contemplates abandoning, any Trademarks that are material to the matters contemplated in this Agreement. At Aventis' reasonable request ViroPharma shall advise Aventis of the status of pending applications, shall provide Aventis with copies of documentation concerning such applications and shall consult with Aventis before taking any action materially affecting the Trademarks that are used for promoting VP Product. The provisions of this Section 10.3.2 shall be subject to any limitations or rights contained in the SaSy Agreement.
Trademark Prosecution and Maintenance. CCP will select Product- specific Trademarks for the Territory, will solely own such Trademarks in the Territory and will be responsible for filing, prosecuting and maintaining such Trademarks. All of the cost and expenses incurred by CCP with respect to such Product-specific Trademarks, including those incurred in connection with the selection, preparation, filing, prosecution, and maintenance of Trademarks used in Commercialization of the Product, filing and maintenance fees paid to governmental authorities, and the costs of litigation (enforcement or defense) or other proceedings, under such Trademarks, including fees and expenses paid to outside counsel, will be borne by CCP. 33 US-DOCS\106669270.9
Trademark Prosecution and Maintenance. LICENSOR shall have the sole right and responsibility, including the costs thereof, for prosecuting and maintaining any and all U.S. and foreign Trademark Applications and Trademark Registrations listed in Exhibit A or later filed or obtained. LICENSOR shall promptly obtain trademark availability searches through qualified legal counsel in relevant geographic jurisdictions upon LICENSEE’s request and secure trademark protection to facilitate the purpose of this Agreement. LICENSOR will maintain the Trademarks using counsel of its choice, including timely submission of the appropriate renewal affidavits and payments necessary to maintain any U.S. Trademark Registration listed in Exhibit A or later obtained during the Term of this Agreement for any Trademark covered hereunder. LICENSEE, at no expense to itself, shall cooperate in any such prosecution or maintenance efforts.
Trademark Prosecution and Maintenance
