New Registrations. Should Bakers wish to have a Trademark registered in a jurisdiction (other than the Excluded Jurisdictions) for goods and services beyond the scope of the existing registrations for that Trademark in such jurisdiction, Bakers shall submit a written request to Madden and provide payment to Madden sufficient for Madden to have all appropriate trademark searching conducted. If use and registration of the Trademark as set forth in Bakers’ request would not conflict with any third party rights or otherwise expose Madden to any liability or risk of claims, then Madden shall apply for registration of the Trademark, with Bakers to pay all associated filing, prosecution and maintenance fees and costs for that application and any resulting registration. However, if Madden should simultaneously or subsequently begin use of the Trademarks in such jurisdiction, the Parties shall share equally in the expense of prosecuting and maintaining such applications or registrations. If the registration issues, Madden will notify Bakers in writing upon receipt of confirmation of such registration. Should Bakers begin to use the Trademarks in any jurisdiction not currently listed on Exhibit E, Bakers shall notify Madden thereof. If Bakers wishes to register the Trademarks in such jurisdiction, then the prior paragraph shall apply. Any use of the Trademarks by Bakers without, or prior to, registration shall be subject to Section 8.2(d). If Bakers does not wish to register the Trademarks, but Madden in its discretion wishes to register the Trademarks in such jurisdiction, then Madden shall pay all costs and fees associated with filing, prosecuting and maintaining the application and resulting registration.
Appears in 2 contracts
Sources: Trademark Assignment and License Agreement, Trademark Assignment and License Agreement (Bakers Footwear Group Inc)