THIS DEED OF ASSIGNMENT is made this day of………… 20 ……between XY Co. Ltd., a company incorporated under the
Companies Act, 1956 and having its registered office at……………..(hereinafter called "the
Assignor") of the ONE PART, and AB Co. Ltd. a company incorporated under
the Companies Act, 1056 and having its registered
office at…………….. (hereinafter called "The
Assignee") of the OTHER PART.
WHEREAS
(A)The assignor is
the Registered Proprietor under the Trade Marks Act, 1999 of the trade marks
set out in the Schedule hereto(hereinafter referred to as "the said trade
marks").
(B) For a
consideration of a sum of Rs . ……………(which payment the to assign assignor
admits and acknowledges has been made by the assignee) the trade marks assignor
has agreed to assign to the assignee the said trade marks to assignee together
with the goodwill pertaining to the said trade marks alone.
NOW THIS DEED WITNESSETH that the assignor as the Registered Proprietor of
the said trade marks by these presents doth hereby assign and transfer unto the
assignee all rights, titles and interests in and to the said trade marks TO
HOLD UNTO the assignee.
AND THE ASSIGNOR
hereby covenants with the assignee that it will not infringe nor use marks
identical with the trade marks hereby assigned nor use other trade marks nearly
resembling those trade marks as to be likely to deceive or cause confusion, in
the course of trade, in relation to the goods in respect of which they are
registered and in a manner as to render the use of these marks likely to be
taken either as being the use of the said trade marks or to import a reference
to assignor
And the assignor
further covenants that it shall at the cost of the assignee or any other person
claiming through it, do or cause to be done any other act, deed or thing as
shall be necessary for more perfectly assuring the aforesaid assignment
IN
WITNESS WHEREOF the parties
hereto have executed these presents the day and year first hereinabove written
Schedule
hereinabove referred to
Number Mark Appl.
date Class
WITNESSES T
1.
he Common Seal of
XYCo. Ltd. was hereunto affixed pursuant to the resolution of its Board of
Directors on…………in the presence of
Shri…………….and Shri……………Directors, who have signed
in token thereof
2.The Common Seal of A B Co. Ltd. was hereunto
affixed pursuant to the, resolution
of its Board of Directors on in the
presence of Shri......and Shri…………
.Directors, who have signed in token thereof
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