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Friday, December 22, 2017 9:22:54 PM
(A) All registered Trademarks included in the Purchased Assets, and pending applications for Trademarks included in the Purchased Assets with the PTO or any other country’s trademark office, of Seller is currently in compliance with all legal requirements (including the filing of affidavits of use and renewal applications as applicable), and are not subject to any maintenance fees or taxes or actions falling due within ninety (90) days after the Closing Date.
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(B) No Trademark of Seller included in the Purchased Assets has been or is now involved in any opposition, infringement, dilution, unfair competition or cancellation Proceeding and, to the Knowledge of Seller, no such action is threatened with respect to any of the Trademarks included in the Purchased Assets of Seller.
(C) No Trademark included in the Purchased Assets of Seller is alleged to infringe Trademark of any Person, and to the Knowledge of Seller, no Trademark of Seller included in the Purchased Assets is infringed.
(D) All products displaying a Trademark of Seller included in the Purchased Assets which has been registered with the PTO, bear the proper federal registration notice.
(iv) Copyrights. Seller does not own or purport to own any registered Copyrights or pending applications for Copyrights.
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