Assignment of a Registered Trade Mark (India)
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.
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 ……………………………………………..
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