DEED OF ASSIGNMENT OF

TRADE MARK

2
This DEED OF ASSIGNMENT is made on this 22th day of November of the year Two
Thousand and ten at New Delhi
BETWEEN : BHAIYA FIBRES LTD., A company incorporated under the Companies
Act, 1956 having its Registered Office at

ROOM NO.52, FIFTH FLOOR,

1,

R N

MUKHERJEE ROAD, KOLKATA-700001 and its Delhi office at 3007, Bahadur Garh
Road, Delhi-6 through its one of the Director Sri Arun Kumar Bhaiya son of Mangilal
Bhaiya (hereinafter called THE ASSIGNOR) of the one part.
AND
MRS. SARLA BHAIYA W/O. sri Ashok kumar Bhaiya Of ROOM NO.52, FIFTH FLOOR,
1, R N MUKHERJEE ROAD, KOLKATA-700001 (hereinafter called THE ASSIGNEE) of
the other part.
The terms Assignor shall mean and include its successors in office and / or assignees
and the Assignees shall mean and include her heirs, executors, administrators, legal
representatives and and assigns.
WHEREAS the Assignor has been into business of Aluminum Composite Panel and is
the Applicant of the trade mark AL 32 under the Trade marks Act, 1999 with the
following details:Trade mark
no

class

Trade Mark

item

status

Application Date:
AND WHERE AS the ASSIGNOR has Agreed to assign to the ASSIGNEE the aforesaid
trade mark AL 32 along with the business goodwill concerned in respect of which
the trademark is used to distinguish its goods & products unto and in favour of the

Assignee, for the sum of Rs. 10,000/- [Rupees Ten Thousand ] only and on the terms
and conditions mentioned hereunder:
NOW THE INDENTURE WITNESSETH that in pursuance of the aforesaid Agreement
and in consideration of Rs. 10,000/- [Rupees Ten Thousand ] only being paid by the
Assignee to the Assigner, the receipt whereof is acknowledged by the Assigner, the
Assignor hereby transfers and Assign unto the Assignee the aforesaid Trade Marks AL
32 along with the business goodwill together with all right, title and interest arising
out of and under the aforesaid Trade Mark along with the Assignors undertaking that
the Assignor shall complete all the formalities as may be required in future for giving
effect to this Assignment and shall also sign, seal and execute all papers and
documents as and when would be required:
[1]

It is recorded that the Assignor has Assigned the right in respect of the

aforesaid Trade Mark to the Assignee along with the business goodwill, without any
coercion, threat or undue influence and after taking full consideration being Rs.
10,000/- [Rupees Ten Thousand ] only which is, fair and reasonable and has
undertaken that in future it shall not have any claim over the said Trade Marks under
any circumstances or for any reason.
[2]

The sum of Rs. 10,000/- [Rupees Ten Thousand ] only has been paid by Pay

order No.

Dated

drawn on Citizen Bank ltd, Surat for the sum of Rs. 10,000/-

[Rupees Ten Thousand ] only. Both the parties agree that the consideration so paid is
proper and sufficient and undertake that insufficiency or inadequacy of the
consideration will not be questioned by any party whatsoever. The Assignor
acknowledges the receipt of the consideration.
[3]

The Assignor hereby covenants the Assignor shall at the request of the Assignee

or any other person claiming through it, do or cause to be done any act, deed or things
and shall also sign, seal and execute necessary paper or documents, Applications and
Affidavits, Applications as may be required for more perfectly assuring the Assignment
in favour of Assignee.
4
[4]

The Assignor would not be entitled to cancel this Assignment nor shall do any

act affecting in any manner in the peaceful and convenient use of the said Trade Mark
by the Assignee.
[5]

The Assignor hereby confirms and declares that it shall not use nor shall be

entitled to use of the said Trade Mark AL 32 and/or nay other Trade Mark which is
deceptively similar to the mark and/or mark containing the Mark AL 32 in respect of
Aluminum Composite Panels nor shall do any act which shall in any manner affect the
Assignee doing business under the name and style of AL 32.
[6]

That the Assignee shall be entitled to assign/transfer or grant on license the

said trade mark on the basis of this Assignment to any of its sub-Assignees.
[7]

The Assignor declares and confirms that :

[a]

The Assignor has full right, title and interest over the said Trade Mark

AL-32 AND
[b]

The Assignor has uptil now not assigned any right, title and interest over
the said Trade Mark to any one AND

[c]

As on the date of signing of this Assignment none other than Assignor

has any right over the said Trade Mark [However this Trade Mark has
been applied only on Dated AND

[d]

On and with effect from the date of signing of this Deed of Assignment,
the Assignee shall be proprietor of the said Trade Mark.

[8]

It is hereby recorded that the Assignee hereby and henceforth be entitled to

exclusively use and enjoy the said Trade Mark in the manner as the said Assignee
shall deem fit and proper, without any obstruction, interference and disturbance for
and on behalf of the Assignor or any of his agent, employees, heirs, administrators and
legal representatives.
[9]

It is declared and confirmed that the aforesaid one newly applied Trade Mark

together with the business concerned relating to the said Trade Mark has become, as
5

from the date of this Deed, the absolute property of ASSIGNEE and his assignees and
the Assignee shall be entitled to get its name entered into the register maintain with
the Registrar of Trade Marks for the following Trade Mark.
[10]

That henceforth, the Assignee would step into the shoe of the original Applicant

and would be entitled to proceed for getting the name registered at the Registrar of
Trade Marks, as per the Following details:
Trade mark

class

Trade Mark

item

status

no

[11]

As on the date of Signing of this Assignment i.e dated the Assignor

remained with no claims of any nature whatsoever from the Assignee for the period

since the inspection of Trade Mark nor Assignor shall have any claim or any nature or
on any account in future in respect of the said Trade Mark.
[12]

In case any dispute or difference arises between the parties of any nature

whatsoever in respect of or relating to the said Trade Mark or on any terms contained
in this Agreement on any account whatsoever or for any reasons, the Assignee shall
continue to do business under the said Trade Mark AL 32 and the Assignor shall not
be entitled to obtain any injunction or stay against the Assignee under any
circumstances and shall not be entitled to obstruct, interfere or stay the Assignees
doing business under the Trade Mark AL 32
[13]

Court situated at Surat shall have the jurisdiction to entertain legal

proceedings.

IN WITNESS WHEREOF the Parties hereto have here unto signed and affixed their
seals, the day and year first above written.
6
WITNESS
SIGNED BY THE ASSIGNOR

WITNESS
SIGNED BY THE ASSIGNEE

assigner has been in to the business of Aluminum Composit Panel and is the
Applicant of , duly authorized by a Resolution do hereby solemnly affirm and declare
as under:1.

I am one of the director of M/s. Bhaiya Fibres Ltd. I am authorized by the said
company vide Resolution to affirm this affidavit on its behalf. I am well
acquainted with the facts and circumstances and I am competent to affirm this
affidavit.

2.

I say that the company Bhaiya Fibres Ltd. Is the applicant of the AL 32 Trade
mark

No. 1947119 in Clss-6 in respect of Aluminum Composite Panels

included in clss-6 ( new application).

3.

it is declared and confirmed that uptil now the company had not assigned nor
transferred any right or interest in the trade mark name Al 32 under the said
Trade mark No.1947119 applied in clss-6 in favour of any third party. The
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company is completent to assign the said Trade mark in favour of Smt. Sarla
Bhaiya of Room No. 52, Fifth Floor 1, R N Mukherjee Road, Kolkata -700001.

4.

by virtue of the deed of Assignment dated 22/11/2010 duly executed between

Bhaiya Fibres Ltd. and Smt. Sarla Bhaiya, the company has assigned and
transferred the said Trade mark Al 32 No. 15947119 in class 6 along with
business goodwill wholly and absolutely in Assignee Smt. Bhaiya after taking
full consideration being the sum of yhe Rs.10,000/-

5.

it is hereby confirmed and declared that no legal proceedings are pending

related to the subject trade mark in any Court of law. It is needless to mention
that this trademark yet to be cleared by trade mark Authority in favour of us
and there is no bar in assigning the said Trade mark in fevour of Assignee on
as is where as basis.

That the Assignor company does not have any objection in transfer of the said
Trade mark to the said

Trade mark to the Assignees as the Assignor

has

received full and final consideration .

VERIFICATION
Verified at Delhi on this 22th day of November 2010 that the contents of my
above affidavit are true and correct to the best of my knowledge and belief and
no material has been concealed there from.