Assignment of Trade Mark

8/7/2019 Assignment of Trade Mark

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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 ofcolours or any combination thereof.

Sec. 2 (1) (zb) Trade Mark means a mark capable ofbeing represented graphically and which is capable ofdistinguishing the goods or services of one person fromthose of others and may include shape of goods, theirpackaging and combination of colours.

Sec. 2 (1) (w) Registered Trade Mark means a TradeMark which is actually on the register and remaining inforce.


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CONTD

Trade Mark can be assigned to one or more persons.When it is assigned to more than one person, it shouldbe so assigned not to cause any confusion in themarket in respect of goods trade or services rendered

by such assignees. Accordingly, where a Trade Mark is assigned to more

than one person it shall be by certain specific areas,and the use of which Trade Mark by the assignee shallbe limited to such area.

Certificate ofTrade Mark is not assignable without theconsent of the Registrar and associated Trade Marksare assignable as a whole and not separately.


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Section 130 of the Transfer of Property Act,

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.


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CONTD

Assignment of a Trade Mark

THIS DEED OF ASSIGNMENT is madedayof ..by A.B., aged..years, hereinafter called

the Assignor in favour ofC.D., aged. Years,

hereinafter called the Assignee.


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CONTD

WHEREAS the said A.B. is the owner and the

proprietor of a Trade Mark Twair, number

12345 B duly registered in the in the Register of

Trade Marks maintained by the Trade Marks

Registration office at Mumbai.

AND WHEREAS the said A.B. has made actual and

bona fide use of the said Trade Mark in India inrelation to the cosmetic goods manufactured by

him at his factory in Mumbai.


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CONTD

AND WHEREAS the said A.B. has agreed with the C.D. totransfer to him the exclusive use and benefit of the saidTrade Mark for the sum of Rupees FiveMillion(Rs.50,00,000) only.

NOW THIS DEED WITNESSES that in pursuance of the saidagreement and in consideration of the said sum ofRs.50,00,000 paid by C.D. to A.B., receipt whereof the A.B.hereby acknowledges, the Assignor hereby assigns uponthe terms hereinafter mentioned the exclusive use and allbenefits of the aforesaid Trade Mark in relation to thecosmetic goods manufactured by him at his factory atMumbai.


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CONTD

AND the said Assignor hereby covenants with theAssignee that he will not infringe or use a markidentical with the Trade Mark hereby assigned or

use another Trade Mark nearly resembling it as tobe likely to deceive or cause confusion, in thecourse of trade, in relation to the goods inrespect of which it is registered and in a manner

as to render the use of this mark likely to betaken either as being a use of the said Trade Markor to import a reference to the Assignor.


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CONTD

Witness: Sd. A.B.

(1) (Assignor)

(2)

Sd. C.D.

(Assignee)

Date: 18/02/2011

Place: Mumbai

Assignment of Trade Mark

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Transcript of Assignment of Trade Mark