trade marks- assignment (1)

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DEED OF ASSIGNMENT OF TRADE MARK

2 This DEED OF ASSIGNMENT is made on this 22th day of November of the year Two Thousand and ten at New DelhiBETWEEN : BHAIYA FIBRES LTD., A company incorporated under the Companies Act, 1956 having its Registered Office at ROOM NO.52, FIFTH FLOOR, 1, R N MUKHERJEE ROAD, KOLKATA-700001 and its Delhi office at 3007, Bahadur Garh Road, Delhi-6 through its one of the Director Sri Arun Kumar Bhaiya son of Mangilal Bhaiya (hereinafter called THE ASSIGNOR) of the one part.ANDMRS. SARLA BHAIYA W/O. sri Ashok kumar Bhaiya Of ROOM NO.52, FIFTH FLOOR, 1, R N MUKHERJEE ROAD, KOLKATA-700001 (hereinafter called THE ASSIGNEE) of the other part.The terms Assignor shall mean and include its successors in office and / or assignees and the Assignees shall mean and include her heirs, executors, administrators, legal representatives and and assigns.WHEREAS the Assignor has been into business of Aluminum Composite Panel and is the Applicant of the trade mark AL 32 under the Trade marks Act, 1999 with the following details:-Trade markclassTrade Markitemstatusno

Application Date:AND WHERE AS the ASSIGNOR has Agreed to assign to the ASSIGNEE the aforesaid trade mark AL 32 along with the business goodwill concerned in respect of which the trademark is used to distinguish its goods & products unto and in favour of the

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Assignee, for the sum of Rs. 10,000/- [Rupees Ten Thousand ] only and on the terms and conditions mentioned hereunder:NOW THE INDENTURE WITNESSETH that in pursuance of the aforesaid Agreement and in consideration of Rs. 10,000/- [Rupees Ten Thousand ] only being paid by the Assignee to the Assigner, the receipt whereof is acknowledged by the Assigner, the Assignor hereby transfers and Assign unto the Assignee the aforesaid Trade Marks AL 32 along with the business goodwill together with all right, title and interest arising out of and under the aforesaid Trade Mark along with the Assignors undertaking that the Assignor shall complete all the formalities as may be required in future for giving effect to this Assignment and shall also sign, seal and execute all papers and documents as and when would be required:[1]It is recorded that the Assignor has Assigned the right in respect of the aforesaid Trade Mark to the Assignee along with the business goodwill, without any coercion, threat or undue influence and after taking full consideration being Rs. 10,000/- [Rupees Ten Thousand ] only which is, fair and reasonable and has undertaken that in future it shall not have any claim over the said Trade Marks under any circumstances or for any reason.[2]The sum of Rs. 10,000/- [Rupees Ten Thousand ] only has been paid by Pay order No. Dated drawn on Citizen Bank ltd, Surat for the sum of Rs. 10,000/- [Rupees Ten Thousand ] only. Both the parties agree that the consideration so paid is proper and sufficient and undertake that insufficiency or inadequacy of the consideration will not be questioned by any party whatsoever. The Assignor acknowledges the receipt of the consideration.[3]The Assignor hereby covenants the Assignor shall at the request of the Assignee or any other person claiming through it, do or cause to be done any act, deed or things and shall also sign, seal and execute necessary paper or documents, Applications and Affidavits, Applications as may be required for more perfectly assuring the Assignment in favour of Assignee. 4 [4]The Assignor would not be entitled to cancel this Assignment nor shall do any act affecting in any manner in the peaceful and convenient use of the said Trade Mark by the Assignee.[5]The Assignor hereby confirms and declares that it shall not use nor shall be entitled to use of the said Trade Mark AL 32 and/or nay other Trade Mark which is deceptively similar to the mark and/or mark containing the Mark AL 32 in respect of Aluminum Composite Panels nor shall do any act which shall in any manner affect the Assignee doing business under the name and style of AL 32.[6]That the Assignee shall be entitled to assign/transfer or grant on license the said trade mark on the basis of this Assignment to any of its sub-Assignees.[7]The Assignor declares and confirms that :[a]The Assignor has full right, title and interest over the said Trade Mark AL-32 AND[b]The Assignor has uptil now not assigned any right, title and interest over the said Trade Mark to any one AND[c]As on the date of signing of this Assignment none other than Assignor has any right over the said Trade Mark [However this Trade Mark has been applied only on Dated AND[d]On and with effect from the date of signing of this Deed of Assignment, the Assignee shall be proprietor of the said Trade Mark.[8]It is hereby recorded that the Assignee hereby and henceforth be entitled to exclusively use and enjoy the said Trade Mark in the manner as the said Assignee shall deem fit and proper, without any obstruction, interference and disturbance for and on behalf of the Assignor or any of his agent, employees, heirs, administrators and legal representatives.[9]It is declared and confirmed that the aforesaid one newly applied Trade Mark together with the business concerned relating to the said Trade Mark has become, as 5

from the date of this Deed, the absolute property of ASSIGNEE and his assignees and the Assignee shall be entitled to get its name entered into the register maintain with the Registrar of Trade Marks for the following Trade Mark.[10]That henceforth, the Assignee would step into the shoe of the original Applicant and would be entitled to proceed for getting the name registered at the Registrar of Trade Marks, as per the Following details:Trade markclassTrade Markitemstatusno [11]As on the date of Signing of this Assignment i.e dated the Assignor remained with no claims of any nature whatsoever from the Assignee for the period since the inspection of Trade Mark nor Assignor shall have any claim or any nature or on any account in future in respect of the said Trade Mark.[12]In case any dispute or difference arises between the parties of any nature whatsoever in respect of or relating to the said Trade Mark or on any terms contained in this Agreement on any account whatsoever or for any reasons, the Assignee shall continue to do business under the said Trade Mark AL 32 and the Assignor shall not be entitled to obtain any injunction or stay against the Assignee under any circumstances and shall not be entitled to obstruct, interfere or stay the Assignees doing business under the Trade Mark AL 32[13]Court situated at Surat shall have the jurisdiction to entertain legal proceedings.

IN WITNESS WHEREOF the Parties hereto have here unto signed and affixed their seals, the day and year first above written. 6 WITNESS SIGNED BY THE ASSIGNOR

WITNESS SIGNED BY THE ASSIGNEE

assigner has been in to the business of Aluminum Composit Panel and is the Applicant of , duly authorized by a Resolution do hereby solemnly affirm and declare as under:-1.I am one of the director of M/s. Bhaiya Fibres Ltd. I am authorized by the said company vide Resolution to affirm this affidavit on its behalf. I am well acquainted with the facts and circumstances and I am competent to affirm this affidavit.2.I say that the company Bhaiya Fibres Ltd. Is the applicant of the AL 32 Trade mark No. 1947119 in Clss-6 in respect of Aluminum Composite Panels included in clss-6 ( new application).3.it is declared and confirmed that uptil now the company had not assigned nor transferred any right or interest in the trade mark name Al 32 under the said Trade mark No.1947119 applied in clss-6 in favour of any third party. The 7 company is completent to assign the said Trade mark in favour of Smt. Sarla Bhaiya of Room No. 52, Fifth Floor 1, R N Mukherjee Road, Kolkata -700001.4.by virtue of the deed of Assignment dated 22/11/2010 duly executed between Bhaiya Fibres Ltd. and Smt. Sarla Bhaiya, the company has assigned and transferred the said Trade mark Al 32 No. 15947119 in class 6 along with business goodwill wholly and absolutely in Assignee Smt. Bhaiya after taking full consideration being the sum of yhe Rs.10,000/-5.it is hereby confirmed and declared that no legal proceedings are pending related to the subject trade mark in any Court of law. It is needless to mention that this trademark yet to be cleared by trade mark Authority in favour of us and there is no bar in assigning the said Trade mark in fevour of Assignee on as is where as basis.6That the Assignor company does not have any objection in transfer of the said Trade mark to the said Trade mark to the Assignees as the Assignor has received full and final consideration .

VERIFICATIONVerified at Delhi on this 22th day of November 2010 that the contents of my above affidavit are true and correct to the best of my knowledge and belief and no material has been concealed there from.