Assignment of Trade Mark

‡ Sec. 2 (1) (m) mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. ‡ Sec. 2 (1) (zb) Trade Mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. ‡ Sec. 2 (1) (w) Registered Trade Mark means a Trade Mark which is actually on the register and remaining in force.

meaning that the owner. .CONTD ‡ An Assignment of a Trade Mark is an agreement where the owner of a Trade Mark transfers all or a portion of his/her rights in the Trade Mark to another party. after executing the assignment. will no longer have any rights in the mark. This form is designed for the transfer of all the rights in the mark.

CONTD ‡ Trade Mark can be assigned to one or more persons. When it is assigned to more than one person. where a Trade Mark is assigned to more than one person it shall be by certain specific areas. it should be so assigned not to cause any confusion in the market in respect of goods trade or services rendered by such assignees. . ‡ Certificate of Trade Mark is not assignable without the consent of the Registrar and associated Trade Marks are assignable as a whole and not separately. ‡ Accordingly. and the use of which Trade Mark by the assignee shall be limited to such area.

1882 provides that the transfer of an actionable claim. whether with or without consideration. shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent. .CONTD ‡ Section 130 of the Transfer of Property Act.

.by A.B.. hereinafter called the Assignee. aged . . hereinafter called the Assignor in favour of C.years.CONTD Assignment of a Trade Mark THIS DEED OF ASSIGNMENT is made day of . aged .. Years.D..

CONTD WHEREAS the said A. number 12345 B duly registered in the in the Register of Trade Marks maintained by the Trade Marks Registration office at Mumbai. is the owner and the proprietor of a Trade Mark Twair .B.B. AND WHEREAS the said A. has made actual and bona fide use of the said Trade Mark in India in relation to the cosmetic goods manufactured by him at his factory in Mumbai. .

.D.CONTD AND WHEREAS the said A. to A.B.B. has agreed with the C.D. NOW THIS DEED WITNESSES that in pursuance of the said agreement and in consideration of the said sum of Rs.B. to transfer to him the exclusive use and benefit of the said Trade Mark for the sum of Rupees Five Million(Rs.00. hereby acknowledges.. only.000 paid by C. receipt whereof the A. the Assignor hereby assigns upon the terms hereinafter mentioned the exclusive use and all benefits of the aforesaid Trade Mark in relation to the cosmetic goods manufactured by him at his factory at Mumbai.

in the course of trade. . in relation to the goods in respect of which it is registered and in a manner as to render the use of this mark likely to be taken either as being a use of the said Trade Mark or to import a reference to the Assignor.CONTD AND the said Assignor hereby covenants with the Assignee that he will not infringe or use a mark identical with the Trade Mark hereby assigned or use another Trade Mark nearly resembling it as to be likely to deceive or cause confusion.

CONTD AND the Assignor further covenants that he.. have signed at . .B. .D. shall at the cost of C.the day and the year above mentioned.. and C. deed or thing as may be required for more perfectly assuring the aforesaid assignment.B. IN WITNESS whereof the said A. A. or any person claiming through him do or cause to be done any other act.D.

B. A.D. (Assignor) Sd. (Assignee) Date: 18/02/2011 Place: Mumbai . C.CONTD Witness: (1) (2) Sd.

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