Trademark Costs definition
Trademark Costs mean the fees and expenses paid to outside counsel and other Third Parties, direct costs of in-house counsel and filing and maintenance expenses, in each case incurred in connection with the establishment and maintenance of rights under trademarks applicable to Product in the U.S., including costs of U.S. trademark filing and registration fees, actions to enforce or maintain a U.S. trademark and other U.S. trademark proceedings.
Trademark Costs means [***].
Trademark Costs means (A) those FTE Costs of in-house legal counsel and related personnel (charged in accordance with Section 6.10.3) (i) incurred and the direct out-of-pocket costs (including the reasonable fees and expenses paid to outside counsel and other Third Parties, and filing and maintenance fees paid to governmental authorities) recorded as an expense by a Party or any of its Affiliates in accordance with Accounting Standards after the Effective Date, during the Term of and pursuant to this Agreement, (ii) in connection with the prosecution and maintenance of rights, including filing and registration fees with respect to the Trademark(s) for the Co-Promotion Product in the Co-Promotion Territory, and (B) the costs of litigation (enforcement or defense) or other proceedings, under the Trademark(s) for the Co-Promotion Product in the Co-Promotion Territory, only to the extent not reimbursed by a Third Party.
Examples of Trademark Costs in a sentence
Genentech shall control preparation, prosecution and maintenance of applications related to such trademarks and the Trademark Costs associated with New Products in the Co-Promotion Territory shall be included in Other Operating Income/Expense pursuant to Exhibit A.
The Parties shall share equally all Trademark Costs, which shall be Development Costs if incurred prior to the First Commercial Sale of such Collaboration Product and Commercialization Costs if incurred thereafter.
The fees and expenses incurred in connection therewith for Marks applicable to Products in the Licensed Territory will be the responsibility of SGI, and the Trademark Costs in the Shared Territory will be deemed Joint Commercialization Costs.
All FTE Costs and Out-of-Pocket Costs incurred by the Parties in connection with the defense of a Third Party Infringement Claim, and any Losses payable by either Party as a result thereof, (a) shall be Patent and Trademark Costs hereunder if the relevant Product to which such Third Party Infringement Claim pertains is a Profit-Share Product, and (B) otherwise shall be borne by the Party that is primarily responsible for the activity that is the subject of the Third Party Infringement Claim.
The outside counsel will prepare, file, prosecute and maintain all Joint Collaboration Patents in each of the Major Market Countries and such other countries as the JSC approves, and the reasonable expenses thereof will be IP and Trademark Costs (as applicable).
More Definitions of Trademark Costs
Trademark Costs means those FTE Costs of in-house legal counsel and related personnel incurred and the direct out-of-pocket costs (including the reasonable fees and expenses paid to outside counsel and other Third Parties, and filing and maintenance fees paid to governmental authorities) recorded as an expense by a Party or any of its Affiliates in accordance with Accounting Standards, after the effective date, during the term of and pursuant to the Collaboration Agreement, (i) in connection with the prosecution and maintenance of rights, including filing and registration fees with respect to the Trademark(s) for the a Net Profit/Loss Split Product, and (ii) the costs of litigation (enforcement or defense) or other proceedings, under the Trademark(s) for a Net Profit/Loss Split Product, only to the extent not reimbursed by a Third Party.
Trademark Costs means the direct out-of-pocket costs (including the reasonable fees and expenses paid to outside counsel and other Third Parties, and filing and maintenance fees paid to Governmental Authorities) recorded as an expense by a Party or any of its Affiliates in accordance with GAAP after the Effective Date, during the Term of and pursuant to this Agreement that are specifically identifiable or reasonably allocable to the Product Trademarks, including (a) expenses incurred in clearance, filing, registration and maintenance; and (b) expenses incurred in connection with any proceedings related to a Product Trademark, including actions to enforce or defend against challenges or objections to the use or registration of such Product Trademark.
Trademark Costs mean the fees and expenses paid to outside counsel and other Third Parties, direct costs of in-house counsel and filing and maintenance expenses, in each case incurred in connection with the establishment and maintenance of rights under Marks applicable to Collaboration Product in the Territory, including costs of trademark filing and registration fees, actions to enforce or maintain a trademark and other trademark proceedings. Trademark Costs shall be calculated in accordance with GAAP, consistently applied with allocations by a Party calculated in accordance with a methodology [ * ] (which methodology shall be consistent with GAAP) and based upon [ * ] by [ * ] (i.e., not to [ * ] costs of [ * ] to a [ * ] when compared to [ * ] costs for [ * ] of [ * ]).
Trademark Costs means, subject to Sections 11.9 and 15.2(a), the FTE Costs of in-house legal counsel and related personnel and out-of-pocket costs (including, without limitation, the fees and expenses paid to outside counsel and other Third Parties, and filing and maintenance fees paid to governmental authorities) incurred in connection with the establishment and maintenance of rights under trademarks applicable to Licensed Product in the Co-Promotion Territory, including costs of filing and registration fees, and actions to enforce or maintain a trademark and other proceedings.
Trademark Costs mean the FTE costs and Out-of-Pocket Costs including filing and maintenance expenses, in each case incurred in connection with the establishment and maintenance of rights under trademarks applicable to Collaboration Products in the Territory, including costs of Territory trademark filing and registration fees, actions to enforce or maintain a Territory trademark and other Territory trademark proceedings.
Trademark Costs means the direct Out‑of‑Pocket Costs, including the reasonable fees and expenses incurred to outside counsel and other Third Parties, including Trademark searching, filing, prosecution and maintenance fees recorded as an expense by a Party or any of its Affiliates in accordance with its customary accounting practices during the Term, in connection with the clearance of Product Trademarks and the establishment and maintenance of rights of Product Trademarks in the Licensed Territory.
Trademark Costs means those out‑of‑pocket costs (including the reasonable fees and expenses paid to outside counsel and other Third Parties, and filing and maintenance fees paid to governmental authorities) recorded as an expense by a Party or any of its Affiliates in accordance with GAAP after the Effective Date, during the Term of and pursuant to this Agreement, (a) in connection with the prosecution and maintenance of rights, including filing and registration fees with respect to the Trademark(s) for the Joint Products in the U.S. and (b) the costs of litigation (enforcement or defense) or other proceedings, under the Trademark(s) for the Joint Products in the U.S., only to the extent not reimbursed by a Third Party.