Assignment of Trademarks: Sample Format
Reference draft used in Indian courts — replace the blanks with your own case details.
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 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 Assignor proprietor of trade marks Agreement Assignment Assignor's covenants
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Intellectual Property team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. We handle trademark, copyright and IP enforcement.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.