Assignment of a Registered Trade Mark (India) by OLL
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ASSIGNMENT OF A REGISTERED TRADE MARK
THIS DEED OF ASSIGNMENT is made (as in Precedent No. 3).
WHEREAS the said ………………….…... is the owner and the proprietor of a Trade Mark number _________ duly registered in the Register of Trade Marks maintained by the Trade Marks Registration Office at ………………………………………………………….
AND WHEREAS the said ……………………………….. has made actual and bona fide use of the said Trade Mark in India in relation to the toilet goods manufactured by him at his factory in ____________________
AND WHEREAS the said ………………………..….. has agreed with the said Assignee to ‘transfer’ to him the exclusive use and benefit of the said Trade Mark for the sum of Rupees _________ (Rs_____________________________________________________________________________only.
NOW THIS DEED WITNESSES that in pursuance of the said agreement and in consideration of the said sum of Rs ______________ paid by the said …………………... to …………………...., receipt whereof the said ………………………………... hereby acknowledges, the Assignor hereby assigns upon the terms hereinafter mentioned the exclusive use and all benefits of the aforesaid Trade Mark in relation to the goods of toiletry manufactured by him at his factory at . ……………………………………………
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, 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.
AND the Assignor further covenants that he, the Assignor, shall at the cost of ………………………………..……, or any person claiming through him do or cause to be done any other act, deed or thing as may be required for more perfectly assuring the aforesaid assignment.
IN WITNESS whereof (as in Precedent No. 3).
Witness:
1`…………………………………………….
2 ……………………………………………..
This template is a deed used to transfer the ownership and exclusive rights of a registered trade mark from one party to another in India. It includes clauses regarding the payment of consideration, the transfer of benefits, and a covenant by the assignor not to use or infringe upon the mark in the future.
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About this template
What is this template?
This document is a formal deed of assignment specifically for trade marks already registered in India. It contains a specific covenant against the assignor using confusingly similar marks and requires the description of the manufacturing factory location.
When should you use it?
Use this when a registered trade mark owner in India is permanently selling the mark to a buyer. Use a Trade Mark License Agreement instead if the owner is only granting temporary permission to use the mark while retaining ownership.
What's inside
| Clause | Name | What it does |
|---|---|---|
| WHEREAS | Registration Details | Identifies the Trade Mark number and the specific Trade Marks Registration Office where the mark is maintained. |
| NOW THIS DEED WITNESSES | Consideration | Records the payment of a sum in Rupees for the transfer of exclusive use and benefits of the mark. |
| AND the said Assignor | Non-Infringement Covenant | Prohibits the Assignor from using identical or nearly resembling marks likely to deceive or cause confusion in trade. |
| AND the Assignor further covenants | Further Assurance | Obliges the Assignor to perform additional acts or deeds required to perfect the assignment at the Assignee's cost. |
Who it's for
- a proprietor of a registered Indian trade mark transferring exclusive rights to another party for a lump sum
How long it runs and how it's signed
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