THIS
ASSIGNMENT is made at ............this...............day of
.................... BETWEEN Mr. A residing at................. (Hereinafter
called "the ASSIGNORS") of the one part and M/s. AB & Co.,Ltd., a
Company registered under the Companies Act, 1956, and having it registered
office at ................... (Hereinafter called the "ASSIGNEES" of
the other part) WHEREAS the ASSIGNORS are the proprietors of the trademark
registered in India under No. particulars of which are as follows (hereinafter
referred to as the "said trade mark"): Trade Mark Number Class Goods
WHEREAS the ASSIGNEES are desirous of acquiring the right, title and interest
in and to the said trade mark with the good-will of the business concerned in
the goods relating to the said trade mark. AND WHEREAS the ASSIGNORS have
agreed to assign the said trade mark to the ASSIGNEES as so desired by the
ASSIGNEES. The assignee is carrying on the same business and manufacturing and
selling similar goods and requested the Assignor to assign the said trademark
with the goodwill of his business and which the Assignor has agreed to do on
the following terms and in the following manner. NOW THIS DEED WITNESSETH that
pursuant to the said Agreement and in consideration of the sum of Rs....paid by
the Assignee to the Assignor on the execution of these presents (receipt
whereof the Assignor hereby admit) the Assignor as beneficial owner, assigns
and transfers unto the Assignee, - Firstly, all the said business of the
Assignor of selling the said goods and carried on in the name of M/s
............together with the goodwill belonging to thereto together with the
exclusive right to the said name or style in which the said business is carried
on and Secondly, with the said Trade Mark described hereunder written with all
the rights and benefits belonging thereto including the benefit of registration
thereof under the Trade and Merchandise Marks Act of 1958 TO HOLD the same and
all the said premises hereby assigned unto the Assignee absolutely. AND the
Assignor hereby covenants with the Assignee that -- 1. he has full right and
absolute authority to assign the said trade mark with all rights appurtenant
thereto 2. that he has not assigned or agreed to assign the same or to grant
any license thereon and 3. that the Assignee will be entitled to use the said
Trade Mark and the goodwill of the business of the Assignor and to use the said
Trade Mark in respect of the said goods manufactured or to be manufactured or sold
by the Assignee without any objection or interruption by the Assignor or any
person claiming under him, and 4. That the Assignor will at the request and
cost of the assignee, at any time execute any document as may be required for
better and more perfectly assuring the said trademark unto the Assignee and
particularly for registration of this agreement with the Registrar of Trade
marks as required by the said Act, 1958. And the Assignor further covenant with
the Assignee that the Assignor will not carry on any business of manufacturing
and selling the said goods and competing with the business of the Assignee for
a period of 1 year and within the area of five kilometers in radius from the
place where he has been carrying on the said business. IN WITNESS WHEREOF the
ASSIGNORS and the ASSIGNEES have executed these presents the day and year first
above written. ................................................ ASSIGNOR
Witness 1. 2. ............................................... ASSIGNEE Witness