that they are the owner of the
trademark ''Roobini''. The said trademark was assigned to the appellant ... virtue of such
assignment. In the present case, such an assignment was made on
30.12.2007. By virtue of the said assignment deed, the ownership
case for better understanding of the
case.
i.)Appellant sold/transferred/assigned trademarks(notably M-Seal and Mr-Fixit),copyrights,
know-how,assets and goodwill ... Deed of assignment of Trademark
b- Deed of transfer of part interest in Trademark
c- Deed of assignment of Goodwill
d- Deed of assignment
said trademarks stood assigned to the beneficiaries viz.
Veena Merchant and Vimal Merchant. The beneficiaries have assigned
the said trademarks by a Deed of Assignment ... provide for
assignment and transmission of registered trademarks. Section 38
provides that the registered trademarks shall be assignable whether with
or without goodwill
Carthy on
Trademarks and Unfair Competition (4th ed.), which reads as under:
"ยง 18:17. Effect of invalid trademark assignment - An
assignment in gross ... Number Digest, Trademarks 1199
A sale of trademark rights apart from good will symbolized
by the trademark is known as an "assignment in gross
stated that this arrangement was further clarified and strengthened
by the Trademark Assignment Agreement and Second Amendment of the
1986 agreement dated 15.06.1989, whereby ... trademark on a worldwide basis,
except for the excluded jurisdictions. Relevant extracts from the Second
Amendment dated 15.06.1989 reads as under: -
"TRADEMARK: ASSIGNMENT AGREEMENT
Kumar Singh via a notarised assignment
deed. On 14.12.1999, via a notarised assignment deed Shri
Shyam Narayan Khanna had assigned the marks ... case of Ramesh Kumar Singh, in this
assignment deed, the assignor has assigned the trademark to himself
and received consideration. There is no detail
under the trademark
'NIMYLE' and other 'NIM' family of trademarks between 1996 to 2018,
which were then assigned by the defendant ... Brand Assignment Agreement dated 19.04.2018 4 executed
inter se the plaintiff and defendant nos.1 to 3 qua assignment of
trademarks 'NIMYLE
restructured facilities, and the term of the Trademark License
Agreement and Trademark Assignment Agreement was up to
1st July 2025, extendable by 5 years. Therefore ... Trademark License Agreements and Trademark Assignment
Agreement were revised, repudiated or lapsed, the plaintiff
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restructured facilities, and the term of the Trademark License
Agreement and Trademark Assignment Agreement was up to
1st July 2025, extendable by 5 years. Therefore ... Trademark License Agreements and Trademark Assignment
Agreement were revised, repudiated or lapsed, the plaintiff
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Usha Krishnan, who had obtained the rights in trademark assigned in her favour on 24.03.2002, assigned those rights to the plaintiff company. It is also ... filed is a deed of assignment, in and by which, M.Krishnan had assigned the rights and the registered trademarks in favour of his wife
