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Assignment Of Unregistered Trademark
"I need an Assignment of Unregistered Trademark agreement to transfer my bakery business's logo and brand name 'Sweet Delights' to the new owner, with the transfer to be completed by March 2025, including all associated goodwill and customer relationships in Mumbai."
1. Parties: Identification of the Assignor and Assignee with full legal names and addresses
2. Background: Context of the trademark ownership, its current use, and reason for assignment
3. Definitions: Key terms including 'Trademark', 'Effective Date', 'Business', 'Territory', and 'Goodwill'
4. Assignment: Core provision transferring all rights, title, interest, and goodwill in the trademark
5. Consideration: Details of the payment or other consideration for the assignment
6. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, no prior assignments, and no third-party rights
7. Further Assurance: Obligation to execute additional documents and assist with transition
8. Protection of Rights: Provisions for cooperation in enforcement and protection of the trademark
9. Governing Law and Jurisdiction: Specification of Indian law and jurisdiction for dispute resolution
10. Entire Agreement: Confirmation that the document represents the complete agreement between parties
1. Confidentiality: Required when sensitive business information is involved in the transfer
2. Indemnification: Added when specific indemnities are needed beyond standard warranties
3. Transitional Arrangements: Used when there's a need for phased transfer or temporary dual usage
4. Tax Provisions: Included when specific tax implications need to be addressed
5. Non-Competition: Added when restrictions on Assignor's future use of similar marks are needed
6. Dispute Resolution: Detailed alternative dispute resolution procedures if preferred over standard court jurisdiction
7. Registration Cooperation: Added when parties anticipate future trademark registration
1. Schedule 1 - Trademark Details: Detailed description of the trademark, including design, classes of goods/services, and territory of use
2. Schedule 2 - Existing Business: Details of current business operations using the trademark
3. Schedule 3 - Payment Terms: If payment is complex or involves installments
4. Schedule 4 - Existing Agreements: List of any existing licenses, distribution agreements, or other relevant contracts
5. Schedule 5 - Transfer Documents: Forms and additional documents required for the transfer
Authors
Retail
Consumer Goods
Manufacturing
Technology
Fashion and Apparel
Food and Beverage
Pharmaceuticals
Entertainment
Media and Publishing
E-commerce
Professional Services
Hospitality
Legal
Intellectual Property
Brand Management
Corporate Affairs
Business Development
Marketing
Commercial Operations
Compliance
Risk Management
Legal Counsel
Intellectual Property Manager
Brand Manager
Corporate Lawyer
Trademark Attorney
Business Development Director
Mergers & Acquisitions Manager
Company Secretary
Commercial Director
Chief Legal Officer
Intellectual Property Director
Brand Protection Manager
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