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Contract analysis / schedule-c-licensed-trademarks.docx
schedule-c-licensed-trademarks.docx
High · 3
Medium · 2
Standard · 0
1. Overview and Scope
High
⚑ Non-compete / exclusivity restraint
1. Overview and Scope This Schedule C sets forth the Licensed Trademarks as defined in Article 1 of the Agreement. The purpose of this Schedule C is to identify, with specificity, all trademark registrations, pending trademark applications, and common law trademark rights that constitute the Licensed Trademarks and that are subject to the exclusive license granted to Licensee under the Agreement. The Licensed Tradema
2. Table of Registered and Pending Trademarks
2. Table of Registered and Pending Trademarks Set forth below is a comprehensive listing of all trademark registrations and pending applications that constitute the Licensed Trademarks as of the Effective Date, organized by country or jurisdiction. Each entry includes the mark, the relevant filing or registration authority, application and registration numbers (where available), filing and registration dates (where a
3. Description of the Mark
High
⚑ Non-compete / exclusivity restraint
3. Description of the Mark The following description applies to the Licensed Trademarks identified in Section 2 above, across all jurisdictions: (a) Word Mark. The Licensed Trademarks consist of the word mark PENTECLAR in standard characters. Where local-language equivalents have been filed (including, without limitation, the Chinese-character mark 朋特克 in the People's Republic of China and the katakana mark ペンテクラー in
4. Domain Names
High
⚑ Non-compete / exclusivity restraint
4. Domain Names The following domain name registrations related to the PENTECLAR mark are held by Licensor as of the Effective Date and are included in or associated with the Licensed Trademarks to the extent relevant to the Territory. Licensee shall have the right to use or direct the use of the Territory-specific domain names listed below in connection with the commercialization of the Licensed Product in the Terri
5. Obligations Regarding Licensed Trademarks
Medium
⚑ Forum / governing law
5. Obligations Regarding Licensed Trademarks 5.1 Prosecution and Maintenance Licensor shall maintain ownership of, and shall be responsible for the prosecution and maintenance of, all Licensed Trademark applications and registrations listed in this Schedule C during the term of the Agreement. Without limiting the generality of the foregoing, Licensor shall: (a) prosecute to registration, at Licensor's own cost and ex
6. Amendments to This Schedule
Medium
⚑ Assignment / subcontracting
6. Amendments to This Schedule This Schedule C may be amended from time to time by the mutual written agreement of the parties, executed by authorized representatives of both Licensor and Licensee, to: (a) add newly filed trademark applications or newly issued trademark registrations relating to the PENTECLAR mark (or any local-language equivalent thereof) in the Territory; (b) update application numbers, registratio
7. Disclaimers
7. Disclaimers (a) Licensor makes no representation or warranty that any pending trademark application listed in Section 2 of this Schedule C will proceed to registration, will be granted without amendment or limitation to the goods description, or will be free from opposition, cancellation, or other challenge by third parties. The representations and warranties of Licensor regarding the Licensed Trademarks, includin