Assignment of a registered trade mark
THIS DEED OF ASSIGNMENT of trade mark made this………..day of 2010 between AB son of………..residing at………….(hereinafter referred to the assignor which term shall include his heirs, successors and legal representatives) of the one part and CD son of………….residing at (hereinafter called the assignee which term shall include his heirs, legal representatives and assigns) of the other part.
WHEREAS the said AB is the owner and the proprietor of a Trade Mark number duly registered in the Register of Trade Marks maintained by the Trade Mark Registration Office at…………….
AND WHEREAS the said AB 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…….
NOW THIS DEED of assignment witnesses that in pursuance of the said agreement and in consideration of the said sum of Rs………….paid by the said CD to AB the receipt whereof he the said AB hereby admits, acknowledges and confirms, he the assignor AB does hereby grant, transfer and assign 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 nor use a mark identical with the Trade Mark hereby assigned nor 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 costs of CD 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.
The Schedule
IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above-written.
Signed, sealed and delivered by AB
the assignor in the presence of:
Signed, sealed and delivered by CD
the assignee in the presence of: