Patent and Trademark Prosecution Sample Clauses

Patent and Trademark Prosecution. PRONOVA undertakes during the term of this Agreement to use commercially reasonable efforts to obtain, maintain and defend the Patents and the Trademarks entirely at PRONOVA’s expense. PRONOVA shall control the preparation, prosecution and maintenance of the Patents and the Trademark. Neither PRONOVA nor any of its Affiliates shall abandon any of the Patents or Trademarks, without first notifying RELIANT in writing of such intended abandonment, and providing RELIANT the opportunity to acquire such Patent or Trademark.
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Patent and Trademark Prosecution. TheraSense will be -------------------------------- responsible for maintaining all patents, Trademarks and trade names and/or diligently prosecuting all patent applications *** Confidential treatment requested covering the FreeStyle Products in the Territory. TheraSense shall use its reasonable commercial judgment in determining the level and extent of patent protection to pursue in the Territory.
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Patent and Trademark Prosecution. After the Closing Date, Purchaser shall have the sole right (but not the obligation) to prepare, file, prosecute and maintain all Seller's Patents and Seller's Trademarks worldwide at Purchaser's sole expense (including filing all unfiled confirmatory assignments entered into between Seller (or its predecessors, as the case may be) and Xxxx'x Xxxxxx Income Corporation (formerly Forbes Medi-Tech Inc., a predecessor to Seller) or Novartis prior to the Closing Data confirming the assignment of Seller's Patents and Seller's Trademarks to Seller (or its predecessors, as the case may be) (the "Confirmatory Assignments").
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Patent and Trademark Prosecution. 12.1 Cosmederm shall, at its sole expense, prosecute, maintain and defend the Licensed Technology throughout the Territory and the Marks throughout the countries specified in Exhibit C. Collagen shall, at its sole election and expense, prosecute, maintain and defend the Marks throughout the remainder of the Territory. Collagen and Cosmederm shall each provide the other reasonable assistance in any actions necessary for such prosecution, maintenance and defense. Collagen may, at its sole election and at Cosmederm's expense (and in Cosmederm's name and for Cosmederm's benefit), prosecute, maintain and/or defend any Licensed Patents, or Marks in the event that Cosmederm fails to promptly initiate, and diligently pursue, any prosecution, maintenance and/or defense of any such Licensed Patents, or Marks upon Collagen's written request throughout the countries specified in Exhibit C. Cosmederm shall fully and promptly cooperate with any such prosecution, maintenance and/or defense by Collagen.
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Patent and Trademark Prosecution. 7.1.1 Medtronic and VidaMed shall be solely responsible for and shall make all decisions regarding filing, prosecuting and maintaining the Patents and Trademarks in their sole discretion. With respect to all patents and patent applications designated by Urologix on Exhibit A (the “Designated Patents”) and all trademark applications and trademark registrations designated by Urologix on Exhibit B (the “Designated Trademarks”), Medtronic shall furnish Urologix with copies of material correspondence relating to the Patents that are intended to be filed with a patent office, and an opportunity to promptly provide comments, before submitting any such correspondence to such patent office. Medtronic and/or VidaMed shall consider Urologix’ comments, but shall not be required to implement them. Before allowing any application or patent within the Patents to lapse, Medtronic or VidaMed will provide Urologix with notice of the intention to allow the application or patent to lapse at least one month before the final deadline to take action to prevent such lapse. Medtronic will allow Urologix the opportunity to take over control of prosecution or maintenance of such patent application or patent at sole Urologix’ expense. Medtronic shall not abandon any trademark application or trademark registration of Designated Trademarks without obtaining written approval of Urologix. Medtronic shall have no obligation to consult with Urologix before abandoning any patents or patent applications on Exhibit A that are not Designated Patents or any trademark applications or registrations on Exhibit B that are not Designated Trademarks. At any time during the Term, Urologix may request Medtronic, at Urologix’ sole expense, by thirty (30) days advance written notice, to include claims proposed by Urologix in either a pending application included in the Designated Patents or to file a continuation or divisional application of one of the applications of the Designated Patents with new claims. Urologix’s sole and exclusive remedy for any failure by Medtronic or VidaMed to comply with the notice obligations of this Section 7.1.1 is for Medtronic to take all reasonable steps, including without limitation payment of all fees and penalties, to revive any patent or patent application abandoned without providing Urologix the appropriate notice.
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Patent and Trademark Prosecution. The Licensor, by counsel it selects to whom the Licensee has no reasonable objection, in consultation with the Licensee and/or with counsel appointed by the Licensor, may prepare, file, prosecute, and maintain all Licensed Patents and Licensed Trademarks (including, without limitation, improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same) in Licensor’s name and in countries designated by the Licensee. Licensor and Licensee shall use their best efforts to establish the broadest possible patent and trademark coverage for the Licensed Products.
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Patent and Trademark Prosecution 
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Related to Patent and Trademark Prosecution

  • Patent and Trademark Disputes Notwithstanding Section 16.2, any dispute, controversy or claim relating to the inventorship, scope, validity, enforceability or infringement of any Patents or Marks Covering the manufacture, use, importation, offer for sale or sale of Products shall be submitted to a court of competent jurisdiction in the country in which such patent or trademark rights were granted or arose.

  • Copyrights, Patents and Trademarks (i) To the best of each Obligor’s knowledge, each Copyright, Patent and Trademark of such Obligor is valid, subsisting, unexpired, enforceable and has not been abandoned.

  • Patents and Trademarks The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or material for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). Neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of the Intellectual Property Rights used by the Company or any Subsidiary violates or infringes upon the rights of any Person. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Patents, Trademarks There are no material patents, patent rights, trademarks, service marks, trade names, copyrights, licenses or other intellectual property rights with respect to the Leased Property that are necessary for the operation of the Leased Property by the Lessee, except to the extent that the Lessee has rights in respect thereof without material payment of royalties or other material licensing payments, which rights may be freely leased, licensed or otherwise provided to Lessor or any successor owner, lessee, user or operator of the Leased Property pursuant to the Operative Documents.

  • Trademarks, Patents and Copyrights (i) If applicable, the Grantor has duly executed and delivered the Collateral Assignment for Security (Trademarks) in the form attached hereto as Exhibit A, the Collateral Assignment for Security (Patents) in the form attached hereto as Exhibit B or the Collateral Assignment for Security (Copyrights) in the form attached hereto as Exhibit C. The Grantor (either itself or through licensees) will, and will cause each licensee thereof to, take all action necessary to maintain all of the Trademarks, Patents and Copyrights in full force and effect, including, without limitation, using the proper statutory notices and markings and using the Trademarks on each applicable trademark class of goods in order to so maintain the Trademarks in full force free from any claim of abandonment for non-use, and the Grantor will not (and will not permit any licensee thereof to) do any act or knowingly omit to do any act whereby any Trademark, Patent or Copyright may become invalidated; provided, however, that so long as no Event of Default has occurred and is continuing, the Grantor shall have no obligation to use or to maintain any Trademark, Patent or Copyright (A) that relates solely to any product or work that has been, or is in the process of being, discontinued, abandoned or terminated, (B) that is being replaced with a trademark, patent or copyright substantially similar to the Trademark, Patent or Copyright, as the case may be, that may be abandoned or otherwise become invalid, so long as such replacement Trademark, Patent or Copyright, as the case may be, is subject to the security interest purported to be created by this Agreement, (C) that is substantially the same as another Trademark, Patent or Copyright that is in full force, so long as such other Trademark, Patent or Copyright, as the case may be, is subject to the Lien and security interest created by this Agreement, or (D) that is not necessary for the operation of the Grantor's business and is discontinued or disposed of in the ordinary course of business. The Grantor will cause to be taken all necessary steps in any proceeding before the United States Patent and Trademark Office and the United

  • Trademarks, Patents Borrower, as of the date hereof, possesses all necessary trademarks, trade names, copyrights, patents, patent rights, and licenses to conduct its business as now operated, without any known conflict with the valid trademarks, trade names, copyrights, patents and license rights of others.

  • Patent and Copyright Rights I agree to assist the Company, or its designee, at the Company's expense, in every proper way to secure the Company's rights in the Inventions and any copyrights, patents, trademarks, mask work rights, moral rights, or other intellectual property rights relating thereto in any and all countries, including the disclosure to the Company of all pertinent information and data with respect thereto, the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which the Company shall deem necessary in order to apply for, obtain, maintain and transfer such rights and in order to assign and convey to the Company, its successors, assigns and nominees the sole and exclusive rights, title and interest in and to such Inventions, and any copyrights, patents, mask work rights or other intellectual property rights relating thereto. I further agree that my obligation to execute or cause to be executed, when it is in my power to do so, any such instrument or papers shall continue after the termination of this Agreement until the expiration of the last such intellectual property right to expire in any country of the world. If the Company is unable because of my mental or physical incapacity or unavailability or for any other reason to secure my signature to apply for or to pursue any application for any United States or foreign patents or copyright registrations covering Inventions or original works of authorship assigned to the Company as above, then I hereby irrevocably designate and appoint the Company and its duly authorized officers and agents as my agent and attorney in fact, to act for and in my behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters patent or copyright registrations thereon with the same legal force and effect as if originally executed by me. I hereby waive and irrevocably quitclaim to the Company any and all claims, of any nature whatsoever, which I now or hereafter have for infringement of any and all proprietary rights assigned to the Company.

  • Patent, Trademark, Copyright Security Agreements The provisions of the Copyright Security Agreements, Trademark Security Agreements, and Patent Security Agreements are supplemental to the provisions of this Agreement, and nothing contained in the Copyright Security Agreements, Trademark Security Agreements, or the Patent Security Agreements shall limit any of the rights or remedies of Agent hereunder. In the event of any conflict between any provision in this Agreement and a provision in a Copyright Security Agreement, Trademark Security Agreement or Patent Security Agreement, such provision of this Agreement shall control.

  • Patents, Trademarks, Copyrights and Licenses All patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade secrets and licenses owned or utilized by any Borrower are set forth on Schedule 5.9, are valid and have been duly registered or filed with all appropriate Governmental Bodies and constitute all of the intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such patent, trademark, copyright, design rights, tradename, trade secret or license and no Borrower is aware of any grounds for any challenge, except as set forth in Schedule 5.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright license owned or held by any Borrower and all trade secrets used by any Borrower consist of original material or property developed by such Borrower or was lawfully acquired by such Borrower from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Borrower, such Borrower is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto.

  • Patents, Copyrights and Trademarks Schedule 5 lists all material Trademarks, material Copyrights and material Patents, in each case, registered in the United States Patent and Trademark Office or the United States Copyright Office, as applicable, and owned by such Grantor in its own name as of the date hereof, and all material Trademark Licenses, all material Copyright Licenses and all material Patent Licenses (including, without limitation, material Trademark Licenses for registered Trademarks, material Copyright Licenses for registered Copyrights and material Patent Licenses for registered Patents) owned by such Grantor in its own name as of the date hereof, in each case, that is solely United States Intellectual Property.

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