Common use of Trademark Protection Clause in Contracts

Trademark Protection. 6.1 Licensee agrees to assist Licensor, to the extent reasonably required or requested by Licensor, to preserve, maintain and enforce the Trademarks in the Territory. 6.2 Licensor and Licensee each recognize that it is important to protect the Trademarks from infringement or encroachment in the Territory. Therefore, except to the extent expressly prohibited or limited by applicable law, Licensor authorizes Licensee to commence and prosecute any claims or suits for infringement in Licensee’s own name as exclusive licensee, joining Licensor or any other necessary related company as a party if advisable or if required by the law of the particular forum. If Licensee elects not to proceed to take action against a particular infringement under this Agreement, Licensor may choose to proceed and to join Licensee as a party, at Licensor’s sole cost and expense. If such action is commenced by Licensor, Licensee shall cooperate fully. 6.3 If Licensee cannot take unilateral action to enforce the Trademarks, Licensor agrees that it shall either join Licensee as a complaining party or it shall commence proceedings in Licensor’s own name or take any other action necessary or advisable to protect the Trademarks from infringement. Licensor shall also be obligated to take such action or to commence proceedings to protect the Trademarks in the Territory. The costs and expenses of any such action or proceedings shall be apportioned in accordance with the terms and conditions to be agreed upon between Licensor and Licensee, at that time. 6.4 If there is any monetary recovery in any action prosecuted by Licensee on its own, Licensee shall have the right to retain all such amounts recovered, unless the parties shall agree otherwise. 6.5 Licensee agrees that it will not, during the term of this License Agreement or thereafter, contest the Licensor’s ownership, title or rights in and to the Trademarks, or contest the validity of this License Agreement or its binding effect on Licensee.

Trademark Protection. 6.1 Licensee agrees to assist Licensor, to the extent reasonably required or requested by Licensor, to preserve, maintain and enforce the Trademarks in the Territory. 6.2 Licensor and Licensee each recognize that it is important to protect the Trademarks from infringement or encroachment in the Territory. Therefore, except to the extent expressly prohibited or limited by applicable lawthat Licensee has rights hereunder, Licensor authorizes Licensee to commence and prosecute any claims or suits for infringement in Licensee’s own name as exclusive licensee, joining Licensor or any other necessary related company as a party if advisable or if required by the law of the particular forum. If Licensee elects not to proceed to take action against a particular infringement under this Agreement, Licensor may choose to proceed and to join Licensee as a party, at Licensor’s sole cost and expense. If such action is commenced by Licensor, Licensee shall cooperate fully. 6.3 If Licensee cannot take unilateral action to enforce the Trademarks, Licensor agrees that it shall either join Licensee as a complaining party or it shall commence proceedings in Licensor’s own name or take any other action necessary or advisable to protect the Trademarks from infringement. Licensor shall also be obligated to take such action or to commence proceedings to protect the Trademarks in the Territory. The costs and expenses of any such action or proceedings shall be apportioned in accordance with the terms and conditions to be agreed upon between Licensor and Licensee, at that time. 6.4 If there is any monetary recovery in any an action prosecuted by Licensee on its own, Licensee shall have the right to retain all such amounts recovered, unless the parties shall agree otherwise. 6.5 Licensee agrees that it will not, during the term of this License Agreement or thereafter, contest the Licensor’s ownership, title or rights in and to the Trademarks, or contest the validity of this License Agreement or its binding effect on Licensee.

Trademark Protection. 6.1 Licensee (a) The License granted hereunder is conditioned upon Gerber's full and complete compliance with all provisions of the trademark laws of the Licensed Territory relating to the Licensed Products being advertised, promoted or sold therein. Gerber agrees it will not sell Licensed Products in a foreign country of the Licensed Territory until such time as Kendxxx xxx filed all necessary documents with the Ministry of Public Health, Patent and Trademark Office and other governmental authorities, necessary tor full protection of the Licensed Trademarks and Kendxxx xxx Gerber have fully executed a corresponding License Agreement for such foreign country. Kendxxx xxxees to use due diligence in taking all steps necessary for such full protection of the Licensed Trademarks before a License Agreement is executed. Full protection does not necessarily mean Kendxxx xxxt have the Licensed Trademarks registered for the applicable Licensed Products in the applicable foreign country. It will suffice that Kendxxx xxx verified that it has licensable rights thereto. Gerber further agrees to assist Licensor, keep records of and advise Kendxxx xx and when each of the Licensed Products is first sold in each country in the Licensed Territory and to the extent reasonably required or furnish promptly proof of such use when requested by Licensor, to preserve, maintain and enforce the Trademarks in the TerritoryKendxxx. 6.2 Licensor and Licensee each recognize (b) Gerber agrees when requested by Kendxxx xx execute Registered User Applications and/or other documents locally required to be filed in connection with this License Agreement. (c) Except as permitted by an executed license agreement between Kendxxx xxx Gerber, Gerber shall not sell to any jobber, wholesaler, distributor or retail outlet if Gerber has reason to believe, or is on notice, that it is important such purchaser intends to protect export the Trademarks from infringement or encroachment in Licensed Products outside the Licensed Territory. Therefore, except to the extent expressly prohibited or limited by applicable law, Licensor authorizes Licensee to commence and prosecute any claims or suits for infringement in Licensee’s own name as exclusive licensee, joining Licensor or any other necessary related company as a party if advisable or if required by the law of the particular forum. If Licensee elects not to proceed to take action against a particular infringement under this Agreement, Licensor may choose to proceed and to join Licensee as a party, at Licensor’s sole cost and expense. If such action is commenced by Licensor, Licensee shall cooperate fully. 6.3 If Licensee cannot take unilateral action to enforce the Trademarks, Licensor agrees that it shall either join Licensee as a complaining party or it shall commence proceedings in Licensor’s own name or take any other action necessary or advisable to protect the Trademarks from infringement. Licensor shall also be obligated to take such action or to commence proceedings to protect the Trademarks in the Territory. The costs and expenses of any such action or proceedings shall be apportioned in accordance with the terms and conditions to be agreed upon between Licensor and Licenseeshipments are made, at that time. 6.4 If there is any monetary recovery in any action prosecuted by Licensee on its own, Licensee shall Kendxxx xxxl have the right to retain terminate immediately any and all such amounts recovered, unless Agreements relating to the parties shall agree otherwiseLicensed Territory. 6.5 Licensee (d) Gerber agrees that it will notto affix to all Licensed Products, during packages therefore, and advertising and promotional material for the term of this License Agreement or thereafterLicensed Products, contest the Licensor’s ownershipnotices in compliance with applicable trademark laws. Gerber further agrees to place required trademark notices and an ownership statement, title or rights as illustrated in Section 8(e) hereof, upon garments, labels and to the Trademarkstags, and advertising, sales promotional and other literature used with, or contest devoted to, the validity Licensed Products or such other substantially similar statement as shall be satisfactory to Kendxxx. (e) CURITY is the trademark of this License Agreement or its binding effect on LicenseeThe Kendxxx Xxxpany and is used, under license, by Gerber Products Company.

Trademark Protection. 6.1 Licensee Sublicensee agrees to assist Sublicensor, and as may be appropriate or necessary, Licensor, to the extent reasonably required or requested by LicensorSublicensor, to preserve, maintain and enforce the Trademarks in the Territory. 6.2 Licensor Sublicensor and Licensee Sublicensee each recognize that it is important to protect the Trademarks from infringement or encroachment in the Territory. Therefore, except to the extent expressly prohibited or limited by applicable law, Licensor Sublicensor authorizes Licensee Sublicensee to commence and prosecute any claims or suits for infringement in LicenseeSublicensee’s own name as exclusive licenseesublicensee, joining Licensor Sublicensor and as may be appropriate or necessary, Licensor, or any other necessary related company as a party if advisable or if required by the law of the particular forum. If Licensee Sublicensee elects not to proceed to take action against a particular infringement under this Agreement, Sublicensor or Licensor may choose to proceed and to join Licensee Sublicensee as a party, at Sublicensor’s or Licensor’s sole cost and expense. If such action is commenced by Sublicensor or Licensor, Licensee Sublicensee shall cooperate fully. 6.3 If Licensee Sublicensee cannot take unilateral action to enforce the Trademarks, Sublicensor or Licensor agrees that it shall either join Licensee Sublicensee as a complaining party or it shall commence proceedings in Sublicensor’s or as may be necessary or appropriate, Licensor’s own name or take any other action necessary or advisable to protect the Trademarks from infringement. Sublicensor and Licensor shall also be obligated to take such action or to commence proceedings to protect the Trademarks in the Territory. The costs and expenses of any such action or proceedings shall be apportioned in accordance with the terms and conditions to be agreed upon between Licensor Licensor, Sublicensor and LicenseeSublicensee, at that time. 6.4 If there is any monetary recovery in any action prosecuted by Licensee Sublicensee on its own, Licensee Sublicensee shall have the right to retain all such amounts recovered, unless the parties shall agree otherwise. 6.5 Licensee Sublicensee agrees that it will not, during the term of this License Agreement or thereafter, contest the Licensor’s ownership, title or rights in and to the Trademarks, or contest the validity of this License Agreement or its binding effect on LicenseeSublicensee.

Trademark Protection. 6.1 Licensee 22.1 Agent hereby agrees to assist Licensordisplay the Trademarks, Patents or Copyrights owned and/or utilized by PUREZZA or INTEGRATED MINERAL TECHNOLOGY LIMITED solely in connection with the marketing, advertising and promotion of PUREZZA's Products pursuant to the extent terms of this Agreement. Agent shall, at all times, recognize the validity of the Trademarks and PUREZZA's sole right to use them and will, at no time, do or allow to be done anything by way of omission or commission which would put at issue or adversely affect such validity or ownership or which would damage or prejudice the reputation or good will of PUREZZA. 22.2 The parties intend that any and all use of the Trademarks shall, at all times, inure to the benefit of PUREZZA as the owner thereof in the Territory. Agent shall not acquire any right, title or interest in or to the Trademarks nor undertake action with respect to the registration, renewal or infringement of the Trademarks without PUREZZA's prior written consent. Agent hereby grants to PUREZZA the irrevocable right and option to purchase from Agent or third party all or any part of the Trademarks which Agent may even in the future claim or which may be held by appropriate authority to belong to the Agent upon payment by PUREZZA to Agent of the sum of ONE DOLLAR ($1.00). 22.3 At any time during the term of this Agreement, any extension or renewal thereof and following the expiration or early termination of this Agreement, the Agent shall execute any documents, assignments or other instruments that PUREZZA may deem necessary or desirable to evidence, protect, enforce or defend its rights or the title in and to the Trademarks owned and or utilized by PUREZZA. 22.4 The Agent shall promptly and fully notify PUREZZA of any actual, threatened or suspected infringement in the Territory, of any intellectual property of PUREZZA Which comes to the Agent's notice and of any claim by any third party so com4ng to Agent's notice that the importation of the Products into the Territory or their sale therein infringes any rights of any other person and the Agent shall, at the written request and expense of PUREZZA, do all such things as may be reasonably required to assist PUREZZA in taking or requested by Licensorresisting any proceedings in relation to any such infringement or claim, at PUREZZA's sole cost and expense. 22.5 PUREZZA agrees to preserve, maintain and enforce the Trademarks in the Territory. 6.2 Licensor and Licensee each recognize that it is important to protect the Trademarks from infringement or encroachment in the Territory. Therefore, except to the extent expressly prohibited or limited by applicable law, Licensor authorizes Licensee to commence and prosecute any claims or suits for infringement in Licensee’s own name as exclusive licensee, joining Licensor or any other necessary related company as a party if advisable or if required by the law of the particular forum. If Licensee elects not to proceed to take action against a particular infringement under this Agreement, Licensor may choose to proceed and to join Licensee as a party, Territory at Licensor’s PUREZZA's sole cost and expense. If such action is commenced by Licensor, Licensee Agent shall cooperate fullywith PUREZZA in any prosecution or defense of claims relating to the Trademarks or relating to claims of unrelated third parties of Trademark infringement at PUERZZA's sole cost and expense. 6.3 If Licensee cannot take unilateral action to enforce the Trademarks, Licensor agrees that it shall either join Licensee as a complaining party or it shall commence proceedings in Licensor’s own name or take any other action necessary or advisable to protect the Trademarks from infringement. Licensor shall also be obligated to take such action or to commence proceedings to protect the Trademarks in the Territory. 22.6 The costs and expenses of any such action or proceedings shall be apportioned in accordance with the terms and conditions to be agreed upon between Licensor and Licensee, at that time. 6.4 If there is any monetary recovery in any action prosecuted by Licensee on its own, Licensee shall have the right to retain all such amounts recovered, unless the parties shall agree otherwise. 6.5 Licensee agrees that it will notAgent shall, during the term of this License Agreement and any renewal or thereafterextension thereof and at the expense of PUREZZA, contest the Licensor’s ownership, title or rights take all such steps as PUREZZA may reasonably require to assist PUREZZA in and to the Trademarks, or contest maintaining the validity and enforceability of this License Agreement or its binding effect on Licenseethe intellectual property of PUREZZA.