TM Infringement definition

TM Infringement shall have the meaning set forth in Section 12.5.
Sample 1Sample 2Sample 3

Examples of TM Infringement in a sentence

  • In the case of any TM Infringement in the Territory, after any such written notice has been sent and received with respect to such TM Infringement, the Parties shall confer in good faith as to the reasonable response to such TM Infringement.

  • With respect to Licensed Products within the Gilead Territory, each Party shall notify the Steering Committee promptly upon learning of any actual, alleged or threatened infringement of any trademark or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses, or any such claims brought by a Third Party against a Licensed Product (hereinafter "TM Infringement").

  • With respect to any trademarks associated with Products within the Licensed Territory, each Party shall notify the other Party promptly upon learning of any actual, alleged or threatened infringement of any trademark or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses, against such trademark (hereinafter "TM Infringement").

  • Upon learning of such TM Infringement, the Parties shall confer as to the best response to such TM Infringement.

  • CUBIST shall have the sole right, in its own discretion and at its own expense, to bring an action to address such TM Infringement, in which case the proceeds thereof shall be allocated FIRST to pay CUBIST's costs and expenses in connection with such action, SECOND to pay any costs and expenses incurred by BIOCHEMIE in connection with such action, and THIRD [*] to CUBIST and [*] to BIOCHEMIE.

  • Upon learning of such TM Infringement, the Steering Committee [ ]*.

  • CUBIST shall have the sole right, in its own discretion and at its own expense, to bring an action to address such TM Infringement, in which case the proceeds thereof shall be allocated first to pay CUBIST’s costs and expenses in connection with such action, second to pay any costs and expenses incurred by BIOCHEMIE in connection with such action, and third [*] to CUBIST and [*] to BIOCHEMIE.

  • Upon learning of such TM Infringement, the Joint Committee [ * ].

  • Upon learning of such TM Infringement, the JSC shall confer as to the best response to such TM Infringement.

  • In the absence of other agreement [ * ], to bring an action to address such TM Infringement, in which case such Party [ * ].

Related to TM Infringement

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Infringement has the meaning set forth in Section 6.3(a).

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Third Party Infringement Claim has the meaning set forth in Section 9.4.

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Licensed Patent Rights means:

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

  • Licensee Patents means all patent applications and patents Controlled by Licensee that claim (a) [***], or (b) [***].

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Regents' Patent Rights means The Regents interest in the claims of the United States patents and patent applications, corresponding foreign patents and patent applications (requested under Paragraph 7.3 herein), and any reissues, extensions, substitutions, continuations, divisions, and continuation-in-part applications (but only those claims in the continuation-in-part applications that are entirely supported in the specification and entitled to the priority date of the parent application) based on the patent applications listed in Appendix A (UC Case Nos [ * ] and [ * ]).

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Program Patent Rights means any Patent Rights that are Controlled by one or both parties and that Cover any Program Technology or Program Materials. For clarification, such Program Patent Rights include the entire scope of all of the claims contained in such Patent Rights.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.