Appellant became the owner of the trademark with the
supplemental trademark agreement dated 15.07.2008 when it was assigned
to it by the owner (assignor ... Appellant has become the owner of the trademark on the date when
the trademark was assigned vide supplemental trademark agreement dated
15.07.2008 and in this
Appellant became the owner of the trademark with the
supplemental trademark agreement dated 15.07.2008 when it was assigned
to it by the owner (assignor ... Appellant has become the owner of the trademark on the date when
the trademark was assigned vide supplemental trademark agreement dated
15.07.2008 and in this
Trademarks Act itself
recognises the transfer of unregistered
trademark ( Section 39 ). Also, even the
user of unregistered trademark gets the
right in the trademark ... crores of envisages only two kinds of assignment.
consideration, 7 crores is Assignment of trademark with the
estimated as consideration goodwill of the business concerned
application of 40 trademarks were pending for
registration. The Trademarks Act itself recognizes the transfer of unregistered
trademark as per Section ... Trademarks Act envisages only two kinds of
assignment. Assignment of trademark with the goodwill of the business concerned or
without the goodwill of the business
thereof. As regards the taxability of the amount received on the assignment of trademark, the Tribunal held as follows :-
"... There was a consistent view ... received to assign the right to carry on any business also became exigible to capital gains tax. The amount received on assigning trademark became taxable
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
agreement at a consideration of Rs. 17 crores and assign the trademarks listed in Annexure 1A and register the trademarks listed in Annexure ... plea, Mr. Agarwal has invited our attention to the Deed of Assignment of Trademark dated 3-10-1997 appearing at pages
amount of Rs. 50 lacs received by. the assessee on assignment/sale of trademark from M/s Rhone Poulene (India) Ltd. and declared ... land, building. and plant and machinery, furniture, fixtures, spares, licenses, goodwill, trademark, non-compete and many such privileges and rights accruing to the undertaking over
extent of 27| per cent in return for the assignment of trademarks and in consideration of the obligations undertaken by Diamond in regard to supply ... agreed to allot 6,000 equity shares in consideration for the assignment of trademarks and 600 equity shares for the supply of Diamond
assets which was
transferred to the assessee as such was trademark which was assigned a value
of Rs 2,00,00,000 in this agreement ... ownership of the trademark cannot therefore be in any
dispute, inasmuch as admittedly the former owner of the registered trademark
had assigned all his rights
