This agreement is required to transfer trademark without goodwill of the business concerned. TRADEMARK is a form of intellectual property law which is mainly related to commerce and industry. It is a link between the goods or services and the manufacturer or seller of the goods or service provider as identification in the form of name, brand, heading, label, symbol, ticket, signature, word, letter or numerical or any combination thereof. Whereas an assignments is a transfer of ownership of a trademark application or trademark registration from one entity to another. The right to a trademark is capable of being transferred by way of assignment and/or transmission. The assignment of a trademark must be in writing specifying the terms and conditions of transfer. The proprietor of a registered trademark can transfer his/her rights in the trademark with or without goodwill to any person on receipt of consideration as royalty for the same, to be use for the entire world or for a specific country or territory, either for permanently by agreement of assignment or for a temporary use for a particular period by granting license for the same as registered user. Assignment cannot be revoked whereas license is always revocable.
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1 |
What is a Trademark? |
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Ans. |
Trademark means a mark capable of
being represented graphically and which is capable of distinguishing the
goods or services of one person from those of other. |
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2 |
What are "Well-known
Trademarks"? |
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Ans. |
They are trademarks which have
become so well-known to the public that the use of such mark in relation to
other goods or services would indicate a trade connection between those goods
or services and a person using the mark in relation to the first-mentioned
goods or service. |
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3 |
What are "Associated
Trademarks"? |
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Ans. |
Associated Trademarks means
trademarks which are registered as associated trademarks under this Act. |
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4 |
What is the term of a registered
trademark? |
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Ans. |
The initial registration of a
trademark shall be for a period of ten years but may be renewed from time to
time for an unlimited period by payment of the renewal fees. |
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5 |
What is the meaning of
"Service"? |
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Ans. |
It is a service of any description
which is available to potential users and includes the provision of services
in connection with business of any industrial or commercial matters. |
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STEP
1 |
Fill
in the blank spaces. Delete instructions highlighted in grey. |
Fill in the blank spaces. Delete
instructions highlighted in grey. E.g. Name, address, date etc. |
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STEP
2 |
Alternations: |
Add or delete a clause according to
your needs. Re-check the document. |
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STEP
3 |
Stamp
Paper |
The Stamp Duty value will be made
available to you at your legaljini account on purchase of the document. |
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Stamp
Duty Payment option 1 |
If you wish to print Agreement on
Stamp Paper, you can buy from court/ Stamp office and said Stamp paper will
be used as 1st page of Agreement. If you wish to have 2 copies of Agreement
you should buy 2 Stamp Papers (one Stamp Paper for each copy) |
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Stamp
Duty Payment option 2 |
If you have facility of franking
for Stamp Duty payment at nearest bank, you need to print the Agreement &
get franking done. If you wish to have 2 copies of Agreement you should frank
2 copies (one copy for each party) |
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Ledger
Paper |
The rest of the document must be
printed on SINGLE SIDES OF A SHEET of Ledger Paper |
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Available
at: |
This Legal Size Green Paper is
available at any stationery shop. |
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STEP
4 |
Printing
on Legal Paper: |
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On
Stamp Paper |
Print ONLY on the blank portion of
the stamp paper. |
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On Ledger
Paper |
Print on a SINGLE SIDE of a sheet
of Ledger Paper. |
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STEP
5 |
Number
of Copies Needed: |
Trademark Agreements with Agency
are generally executed in Duplicate and duplicate is also required to be
stamped accordingly. |
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STEP
6 |
Photographs
& Signatures/ Thumb Impression & Initials: |
The concerned parties must put
their initials or marks at the end of each and every page and also next to
corrections/alterations made if any and must sign and affix his/her/their mark
and recent passport size photographs against their names. |
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STEP
7 |
Witness
Attestation (Both Parties): |
Document must be attested by at
least two witnesses. |
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STEP
8 |
Registration/
Notary |
Registration or Notary are
mandatory for some documents. If you need clarification you may contact our
Helpline at support@legaljini.com |
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You Need to Know: |
N.A. |
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Please
contact our Helpline if you have any difficulty. |
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