Amendment to Allege Use definition

Amendment to Allege Use or similar filing with respect thereto, by the United States Patent and Trademark Office, only to the extent, if any, that, and solely during the period if any, in which, the grant of a security interest therein may impair the validity or enforceability of such intent-to-use (or similar) Trademark application under applicable federal Law,
Amendment to Allege Use has been filed and accepted in the United States Patent and Trademark Office, whereupon such application shall be automatically subject to the security interest granted herein and deemed to be included in the Collateral.
Amendment to Allege Use is filed in the U.S. Patent and Trademark Office with respect thereto, at which point the Collateral shall include, and the security interest granted hereunder shall attach to, such application.

Examples of Amendment to Allege Use in a sentence

  • In the typical fraud case before the Board, a plaintiff alleges that the defendant committed fraud when defendant stated in an application, Amendment to Allege Use, Statement of Use, Section 8 Affidavit, or Section 9 Application for Renewal that it was using the mark on or in connection with all of the goods / services claimed in the application / registration when in fact, the defendant was not.

  • See TMEP § 1104.04 (Processing Timely Amendment to Allege Use Discovered After Publication).

  • Statement of Use If no Amendment to Allege Use is filed, once an intent to use application has been published and either not opposed or opposed unsuccessfully, a Notice of Allowance is mailed.

  • On August 15, 2014, Applicant filed an Amendment to Allege Use which was accepted.

  • MJT subsequently filed an Amendment to Allege Use on June 26, 2019 claiming a first use date in commerce and a first use date anywhere of December 3, 2018 for all the goods listed in Classes 18 and 25.


More Definitions of Amendment to Allege Use

Amendment to Allege Use has been filed and accepted in the United States Patent and Trademark Office, whereupon such application shall be automatically subject to the security interest granted herein and deemed to be included in the Collateral, and (b) all goodwill associated therewith or symbolized thereby and (c) all other assets, rights and interests that uniquely reflect or embody such goodwill.
Amendment to Allege Use is filed in the PTO with respect thereto, at which point Collateral shall include, and the security interest granted hereunder shall be attached to, such application; (e) other assets to the extent the burden or cost of obtaining or perfecting a security interest therein is excessive in relation to the benefit of the security afforded thereby, as determined by the Trustee in its reasonable discretion; (f) motor vehicles or other assets subject to a certificate of title; and (g) Capital Stock in an Unrestricted Subsidiary (any such property referred to in clauses (a) to (g) above, collectively, the “Excluded Assets”).
Amendment to Allege Use has been filed and accepted in the United States Patent and Trademark Office, whereupon such application shall be automatically subject to the security interest granted herein and deemed to be included in the Collateral and (ii) that notwithstanding anything to the contrary in this Agreement, this Agreement shall not constitute a grant of a security interest in (A) motor vehicles or other assets subject to certificates of title the perfection of a security interest in which is excluded from the New York UCC in the relevant jurisdiction, (B) any Equity Interests other than Pledged Equity, (C) any Equipment that is subject to a purchase money lien or a capital lease permitted under the Credit Agreement to the extent the documents relating to such purchase money lien or capital lease validly prohibits such Equipment to be subject to the Security Interest created hereby, (D) any specifically identified asset with respect to which the Administrative Agent has confirmed in writing to the Borrower its determination that the costs or other consequences (including adverse tax consequences) of providing a security interest is excessive in view of the benefits to be obtained by the Lenders, (E) any General Intangible, Investment Property, Accounts, Intellectual Property Collateral, promissory notes, chattel paper, Permit or other such rights of a Grantor arising under any contract, lease, instrument, license, or other document if (but only to the extent that) the grant of a security interest therein would (x) constitute a violation of a valid and enforceable restriction in respect of, or result in the abandonment, invalidation or unenforceability of any right, title or interest of such Grantor in, such General Intangible, Investment Property, Accounts, Intellectual Property Collateral, promissory notes, chattel paper, Permit or other such rights in favor of a third party or under any law, regulation, permit, order, judgment or decree of any Governmental Authority and such contractual restriction is otherwise not restricted by the Credit Agreement, unless and until all required consents shall have been obtained (for the avoidance of doubt, the restrictions described herein are not negative pledges or similar undertakings in favor of a lender or other financial counterparty) or (y) expressly give any other party in respect of any such contract, lease, instrument, franchise, permit, license or other document relating to any such General Intangible, Investment Property, ...
Amendment to Allege Use with respect thereto and acceptance thereof by any IP Office; (xii) particular assets if and for so long as, if reasonably agreed by the Agent and the Borrower Representative, the cost of creating or perfecting such pledges or security interests in such assets or obtaining title insurance, surveys, abstracts or appraisals in respect of such assets exceed the practical benefits to be obtained by the Lenders therefrom; (xiii) to the extent constituting an asset of a US Loan Party, (a) Capital Stock in excess of 65% of the issued and outstanding voting Capital Stock of each Domestic Foreign Holdco that is directly owned by a US Borrower or a US Subsidiary Guarantor or cash, Cash Equivalents or intercompany accounts related thereto, (b) Capital Stock in excess of 65% of the issued and outstanding voting Capital Stock of each CFC that is directly owned by a US Borrower or by any US Subsidiary Guarantor (other than a Domestic Foreign Holdco) and (c) any assets of any such Subsidiary referred to in clauses (xiii)(a) or (xiii)(b) (including Capital Stock or assets of any Subsidiary of such Subsidiary); (xiv) Receivables Assets sold or otherwise pledged, factored, transferred or sold in connection with a Receivables Facility or Factoring Facility; provided that such receivables have been removed from the applicable Borrowing Base; and (xv) any assets located or titled outside the United States or Canada or assets that require action under the law of any non-U.S. or non- Canadian jurisdiction to create (or the local equivalent) or perfect (or the local equivalent) a security interest in such assets under such non-U.S. or non-Canadian jurisdiction, including any Intellectual Property registered in any non-U.S. or non-Canadian jurisdiction (and no security agreements or pledge agreements governed under the laws of any non-U.S. or non-Canadian jurisdiction); (xvi) [reserved]; and (xvii) consumer goods (as defined in the PPSA); provided, however, that Excluded Assets shall not include any Proceeds, substitutions or replacements of any Excluded Assets referred to in clauses (i) through (xv) (unless such Proceeds, substitutions or replacements would independently constitute Excluded Assets referred to in clauses (i) through (xvii)); provided, further, that no assets (other than fee owned real property) of US Loan Parties shall constitute an Excluded Asset unless such asset also constitutes an “Excluded Asset” under and as defined in the First Lien Indenture.
Amendment to Allege Use pursuant to Section 1(c) of the Xxxxxx Act with respect thereto, solely to the extent, if any, that, and solely during the period, if any, in which the grant of a security interest therein would impair the validity or enforceability of any registration that issues from such intent-to-use application under applicable federal law; and (h) any asset of such Loan Party as to which the Administrative Agent and the Borrower agree in writing that the cost or other consequences of obtaining a security interest therein or perfection thereof are excessive in view of the benefits to be obtained by the Secured Parties therefrom. “Excluded Swap Obligation” means, with respect to any Guarantor, any Swap Obligation if, and to the extent that, all or a portion of the Guaranty of such Guarantor of, or the grant by such Guarantor a Lien to secure, such Swap Obligation (or any Guarantee thereof) is or becomes illegal under the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interpretation thereof) by virtue of such Guarantor’s failure for any reason to constitute an “eligible contract participant” as defined in the Commodity Exchange Act (determined after giving effect to Section 10.11 and any other “keepwell, support or other agreementfor the benefit of such Guarantor and any and all guarantees of such Guarantor’s Swap Obligations by other Loan Parties) at the time the Guaranty of such Guarantor, or grant by such Guarantor of a Lien, becomes effective with respect
Amendment to Allege Use has been filed) or Copyright filed by any Borrower with the United States Patent and Trademark Office, the United States Copyright Office or any similar office or agency in each case entered into or filed in the prior Fiscal Quarter;
Amendment to Allege Use is filed, has been deemed in conformance with 15 U.S.C. §1051(a) or examined and accepted, respectively, by the United States Patent and Trademark Office at which point such Trademarks shall automatically be included as Collateral;