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- Deed of Assignment of Patent
Deed of Assignment of Patent THIS DEED OF ASSIGNMENT is made at _____________ on this ____________day of ______________ between Mr___________________, Mr________________ and Mr_____________ carrying on business in partnership in the name of M/s_____________________ Hereinafter referred to as 'the Assignors' of the One Part and M/s___________, a Company registered under the Companies Act, 1956, and having its registered office at ________________ Hereinafter referred to as the `Assignee' of the Other Part; WHEREAS 1. The Assignors own a patent in the manufacture of an article known in the market _____________and the said patent is duly registered under the Patents Act 1970 and which is broadly described in the Schedule hereunder written. 2. The Assignors have promoted a company being the Assignee herein and have agreed to transfer their partnership business including the right to the said Patent to the Assignee in consideration of and in the manner provided in a separate agreement between the Assignors. 3. The Assignee has now requested the Assignor to assign the said Patent and all rights appurtenant thereto to the Assignee which the Assignors have agreed to do. NOW THIS DEED WITNESSETH that pursuant to the said Agreement and in consideration of a sum of Rs__________ paid to the Assignors partly in cash and partly in the form of the shares of the Assignee of the face value of the amount of Rs___________ before the execution of these presents (receipt whereof the Assignors hereby admit) they the Assignors as beneficial owners of the said patent broadly described in the Schedule hereunder written, hereby assign to the Assignee the said patent which has been granted to the Assignors by the Government of India under the Patents Act, 1970, together with the Assignors' full right of action, powers and benefits arising, accruing or belonging to the Assignors in connection with the said patent: TO HOLD the same unto the Assignee absolutely and the Assignors do and each of them doth hereby covenant with the Assignee that: a. The Assignors have full right and absolute authority to assign the said patent in the manner aforesaid. b. The patent is free and clear from all encumbrances and claims and the Assignors shall keep the Assignee indemnified against any such claim. c. The Assignee shall be entitled to hold and use the said patent exclusively so long as the patent exists and earn and enjoy the profits or income there from; peaceably and without any objection or interruption on the part of the Assignors or persons claiming under them. d. The Assignors will execute any further deed as may be required for further and more perfectly assuring the said patent unto the Assignee. IN WITNESS WHEREOF the Assignors have put their hands the day and year first hereinabove written. The Schedule above referred Signed and delivered by The within named Assignors (1) _______________ (2)_______________and (3) ________________ being The partners of M/s________________ In presence of __________ Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.10/-)
- Agreement to Write a Book and to Sell Copyright
Agreement to Write a Book and to Sell Copyright Agreement is made at ___________this ___________ day of ________ Between Mr _____________ residing at _______________ Hereinafter referred to as 'The Author', of the FIRST PART And Mr. B residing at _______________ Hereinafter referred to as "the Publisher" of the OTHER PART. WHEREAS 1. The Author is a writer and a professor in the subject of Literature and has written a novel in __________language which is in a manuscript form. 2. The Publisher is carrying on business of publishing books on various subjects and has seen the said manuscript and approved it but has requested the Author to make a few changes therein and which the Author has agreed to do. 3. On such changes being made the Publisher has agreed to complete the book as aforesaid and assign the copy right therein to the Publisher in consideration of a lump sum amount of Rs. _______________agreed to be paid by the Publisher to the Author. NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Author agrees to complete the manuscript of the said book (novel) within a period of three months from now and the material of which will not exceed about_____________ printed pages. 2. The Author shall deliver the typed or handwritten manuscript of the book to the publisher within the said period of three months from the date hereof. 3. The Publisher shall, within the next ___________months print and publish the said book at his entire cost, unless prevented from doing so by circumstances beyond his control in which case the time will be extended by mutual consent of the parties. 4. The Publisher shall furnish proofs of the printed material to the Author for his reading and for corrections and during such proof reading the Author will be entitled to make any additions or alterations in the original text of the book as he may think proper but without materially altering the story and the form. 5. The Publisher shall pay to the Author a sum of Rs __________in consideration of the assignment of the copy right as hereinafter mentioned and out of which the Publisher has paid to the Author a token sum of Rs. _______as earnest on the execution of this agreement and the balance of Rs ____________will be paid on the delivery of the manuscript of the book to the Publisher. 6. The Author agrees to assign to the Publisher the full copy right of the Author in the said book and shall execute a Deed of Assignment of copyright on the delivery of the manuscript of the book against payment of the said balance of Rs__________ 7. The Author shall assign the copyright subject to the following reservations · The author will be entitled to publish translation of the said book in any other language. · He will be entitled to convert the novel into a play. · He will be entitled to make a cinema film out of the story of the novel. · He will be entitled to suitably convert it and exhibit as a serial in a Television show. 8. The Publisher hereby covenants and undertakes that he will not publish the book under any title other than the title given by the Author and will not in any way alter the literary matter contained in the book or make any additions to or alterations in the text of the book. 9. The Publisher further covenants that he will not assign the copy right in the said book to anybody else or grant any license in respect thereof without notice of this agreement to the Assignee or Licensee and such assignment or license will be subject to the terms and conditions herein mentioned. 10. The Author warrants that the said book does not contain any defamatory material and does not infringe the copy right of any other person. 11. The Author agrees to indemnify and keep indemnified the Publisher against claim for damages or otherwise made by any other person on account of a. the book containing any defamatory material or b. the book causing infringement of the copy right of any other person. 12. If the Author fails to write and complete the book within the period mentioned above, the Publisher will have the option to cancel this agreement by giving fifteen days, prior notice in writing to the Author and in that event the Author shall return the token earnest paid to him by the Publisher. 13. If the Publisher fails to pay the said balance of Rs________ against offer or delivery of the manuscript of the book by the Author to the Publisher, this agreement will be treated as cancelled but if the Author fails to deliver the manuscript against the Publisher offering to pay the said amount, this agreement will be deemed to be an assignment of the copy right in the said manuscript, subject to the reservations aforementioned and in that case the Author will not be entitled to publish the book himself or through any other publisher or to assign the said copy right therein to any other person. 14. This Deed is executed in duplicate and the original copy will remain with the Publisher and the duplicate with the Author. IN WITNESS WHEREOF the Author and the Publisher have put their respective hands the day and year first hereinabove written. Signed and delivered by the Within named Author Mr ..................... In the presence of ___________ Signed and delivered by the Within named Publisher Mr ................. In the presence of _________________ Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.20/-)
- Agreement of License to Use a Trade Mark
Agreement of License to Use a Trade Mark AGREEMENT made at __________this ___________day of ___________ between Mr. _______________ carrying on business at _____________ Hereinafter referred to as `the Licensor' of the One Part and Mr. _____________ carrying on business at ____________ Hereinafter referred to as the Licensee of the Other Part. WHEREAS 1. The Licensor is the registered owner of a trade mark in connection with the goods known as ____________ and which trade mark is registered under the Trade and Merchandise Marks Act, 1999, and particulars thereof are given in the Schedule hereunder written. 2. The Licensor is suspending his business for some time in the area of ____________and, therefore at the request of the Licensee proposes to allow the Licensees to use the said Trade Mark for some time in the said area for sale of similar goods manufactured and sold by him on the following terms and conditions: NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS 1. The Licensor hereby gives license or permission to the Licensee to use the said trade mark particulars whereof is given in the Schedule hereunder written for sale of similar goods (as that manufactured by the Licensor) now being manufactured and sold by the Licensee provided that, the said goods are wholly manufactured by the Licensee alone. 2. The Licensee undertakes that the said goods will be sold by him under the said trade mark in the said area only. 3. The Licensee will not be entitled to assign the said trade mark to or allow it to be used by any other person. 4. The duration of this agreement will be for a period of two years from the date hereof. 5. The Licensee will not do any act whereby the registration of the said trademark will be jeopardized. 6. The Licensee guarantees that the quality of the said goods to be manufactured and sold by him will be the same as that of the goods manufactured and sold by the Licensor. 7. The Licensee shall, in consideration of the grant of this License, pay to the Licensor a sum of Rs___________ per month as royalty, and such payment will be made on or before the 5th day of each month in advance for that month. The amount for the current month has been made on the execution of these presents and each subsequent payment will be made on or before the 5th day of each succeeding month. 8. The Licensor will be entitled to inspect and to inquire as to whether the said trademark is being properly used and the quality of the goods is as per the standard laid down by the Licensor. 9. If any person is found to infringe the said Trade Mark the Licensee shall immediately inform the Licensor to enable the Licensor to take suitable action in the matter. 10. The Licensor will have no objection to the Licensee applying to the Registrar of Trade Marks for his being registered as a registered user of the trademark in the said area under the said Act. 11. The Licensor agrees and undertakes that while selling the goods, in the said area, the Licensee will, indicate that the trade mark is being used only by way of permitted use. 12. If the Licensee commits breach of any of the terms hereof the Licensor shall be entitled to cancel this agreement by giving fifteen days prior notice to the Licensee to that effect. 13. On the termination of the Licensee hereby granted by efflux of time or otherwise the Licensee shall stop using the said trade mark for sale of his goods and if he does not do so he will be liable to pay compensation to the Licensor at the rate of Rs._____________ per day of such user. IN WITNESS WHEREOF THE PARTIES hereto have put their respective hands the day and year first hereinabove written. THE SCHEDULE ABOVE REFERRED TO Signed and delivered by the within named Licensor Mr......................... In the presence of........................ Signed and delivered by The within named Licensee Mr....................... In the presence of............................ Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)
- Trade-Name License Agreement
Trade-Name License Agreement Download Word Document In English. (Rs.30/-) THIS AGREEMENT is made by and between ________________, a [type of entity] (hereinafter referred to as "Licensor"), and ____________, a [type of entity] (hereinafter referred to as "Licensee"). W I T N E S S E T H WHEREAS, Licensee acknowledges that licensor is the owner of the name "_________________" and any variation thereof (the "Name"); and WHEREAS, Licensee is desirous of using the Name in connection with _______________. NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. Grant of License. Licensor hereby grants to Licensee and Licensee hereby accepts the right, privilege and nonexclusive license to use the Name solely in connection with _____________________ (the "Business"). Licensee shall use the Name at all times for the Business and no other purposes. Licensor represents and warrants that, to the best of its knowledge, it owns the rights to the Name. 2. Term. The term of the license hereby granted shall be effective upon the date of execution of this Agreement and shall continue for ____ years, unless sooner terminated in accordance with the provisions hereof. 3. License Fee. Licensee shall pay to Licensor, as a license fee for the use of the Name, $____________, payable [on the date hereof] [set forth payment date or dates]. 4. Nonexclusivity. Nothing in this Agreement shall be construed to prevent Licensor from granting any other licenses for the use of the Name or from utilizing the Name in any manner whatsoever. 5. Good Will. Licensee recognizes that there exists great value and good will associated with the Name, and acknowledges that the Name and all rights therein and good will pertaining thereto belong exclusively to Licensor, and that the Name has a secondary meaning in the mind of the public. 6. Licensor’s Title and Protection of Licensor’s Rights. a. Licensee agrees that it will not during the term of this Agreement, or thereafter, attack the title or any rights of Licensor in and to the Name or attack the validity of the license granted herein. b. Licensee agrees to assist Licensor to the extent necessary in the procurement of any protection or to protect any of Licensor’s right to the Name, and Licensor, if it so desires, may commence or prosecute any claims or suits in its own name or in the name of Licensee or join Licensee as a party thereto. Licensee shall notify Licensor in writing of any infringements or imitations by others of the Name which may come to Licensee’s attention, and Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensee shall not institute any suit or take any action on account of any such infringements or imitation without first obtaining the written consent of the Licensor so to do. c. Licensee agrees to cooperate fully and in good faith with Licensor for the purpose of securing and preserving Licensor’s rights in and to the Name, and Licensor shall reimburse Licensee its reasonable costs for such cooperation (unless Licensee is in breach of this Agreement). It is agreed that nothing contained in this Agreement shall be construed as an assignment or grant to the Licensee of any right, title or interest in or to the Name, it being understood that all rights relating thereto are reserved by Licensor, expect for the license hereunder to Licensee of the right to use and utilize the Name only as specifically and expressly provided in this Agreement. Licensee hereby agrees that at the termination or expiration of this Agreement, Licensee will be deemed to have assigned, transferred and conveyed to Licensor any trade rights, equities, good will, titles or other rights in and to the Name which may have been obtained by Licensee or which may have vested in Licensee in pursuance of any endeavors covered hereby, and that Licensee will execute any instruments requested by Licensor to accomplish or conform the foregoing. Any such assignment, transfer or conveyance shall be without other consideration than the mutual covenants and considerations of this Agreement. 6. Inspection. Licensor, or its nominee, shall have access to the Business during normal business hours and to books and records of Licensee for the purpose of ensuring compliance with this Agreement. 7. Use of Name. Licensee shall have no right to affix the Name to any building, sign, merchandise or other item without first obtaining Licensor’s express written consent, which consent shall be within the reasonable discretion of Licensor. 8. Termination. (a) Licensee may not terminate this Agreement. (b) The license rights granted hereunder may be terminated by Licensor upon immediate notice without the opportunity to cure should any of the following events occur: (i) If Licensee shall: (A) admit in writing its inability to pay its debts generally as they become due; (B) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (C) make an assignment for the benefit of its creditors; (D) consent to theappointment of a receiver of itself or of the whole or any substantial part of its property; (E) on a petition in bankruptcy filed against it, be adjudicated as bankrupt; (F) file a petition or answer seeking reorganization or arrangement under the bankruptcy laws or any other applicable law or statute; (G) become subject to a final order, judgement or decree entered by a court of competent jurisdiction appointing, without the consent of Licensee, a receiver of Licensee or of the whole or any substantial part of its property or approving a petition filed against Licensee seeking reorganization or arrangement of Licensee under the bankruptcy laws or any other applicable law or statute; or (ii) Licensee shall fail or refuse to perform any other obligation created by this Agreement of Licensee breaches any term or condition of this Agreement or any other agreement between Licensee and Licensor or its affiliates; or (iii) Licensee has made any misrepresentations relating to the acquisition of the license granted herein, or Licensee or any of Licensee’s shareholders, officers, directors, or managing personnel engages in conduct which reflects unfavorable on the Name or upon the operation and reputation of the Licensor’s business; or (iv) Licensee or any of Licensee’s shareholders, officers, directors, or managing personnel is convicted of a felony or any other criminal misconduct which is relevant to the operation of the business of Licensee. In the event of termination of this License for any reason, Licensee shall immediately cease all use of the Name and shall not thereafter use any name, mark or trade name similar thereto. Termination of the license under the provisions of this Section 9 shall be without prejudice to any rights which Licensor may otherwise have against Licensee. 9. Compliance with Laws and Regulations. Licensee shall, and shall cause its shareholders, officers, directors, and managing personnel to, comply with all laws, rules and government regulations pertaining to its business and shall not violate any laws which would create an adverse effect on the Name. 10. Relationship of Parties. Licensee shall not in any manner or respect be the legal representative or agent of Licensor and shall not enter into or create any contracts, agreements, or obligations on the part of Licensor, either expressed or implied, nor bind Licensor in any manner or respect whatsoever; it being understood that this Agreement is only a contract for the license of the Name. 11. Name Ownership. Licensee agrees that the Name is the sole property of Licensor and that Licensee has no interest whatsoever in such Name, and Licensee shall use the Name only for so long as the license granted hereby remains in full force and effect. Licensee shall not take any actions, or aid or assist any other party to take any actions, that would infringe upon, harm or contest the proprietary rights of Licensor in and to the Name. 12. Other Licensees. Licensee agrees not to interfere in any manner with , or attempt toprohibit the use of the Name by, any other licensee duly licensed by Licensor. Licensee further agrees to execute any and all documents and assurances reasonably requested by Licensor to effectuate the licensing of the Name to any other party and agrees to cooperate fully with Licensor or any other licensees of Licensor to protect Licensor’s lawful authority to use the Name. SIGNED AND DELIVERED For and on behalf of________ ________< Licensor>_______ _________________ Authorized Signatory SIGNED AND DELIVERED For and on behalf of________ ________< Licensee>_______ _________________ Authorized Signatory
- Deed of Assignment This ASSIGNMENT
Deed of Assignment This ASSIGNMENT made on ________________________________________________________ BETWEEN: ________________________________________________________________________ ____________________________________________________________________________ (hereinafter called “the Assignor”) of the one part AND _______________________________________________________________________________ ____________________________________________________________________________________ (hereinafter called “the Assignee”) of the other part. WHEREAS the Assignor is the Proprietor of the trademark(s) as per Exhibit A attached hereto and incorporated by reference herein. AND WHEREAS the Assignor has agreed with the Assignee to assign, sell and transfer the said trademark(s) to the assignees. NOW, THEREFORE, in pursuance of this agreement and in consideration of the payment of _________________ and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ASSIGNOR hereby conveys, transfers, assigns, delivers, and contributes to ASSIGNEE all of ASSIGNOR'S right, title, and interest of whatever kind in and to the trademarks, together with (1) the goodwill of the business relating to the Products/Services in respect upon which the trademarks are used and for which they are registered, (2) all income, royalties, and damages hereafter due or payable to ASSIGNOR with respect to the trademarks, including but without limitation, damages and payments for past or future infringements and misappropriations of the trademarks and (3) all rights to sue for past, present and future infringements or misappropriations of the trademarks. The assignor confirms that no dispute in respect of the trademark/s is pending in any court of law. The assignor and assignee confirm that there is remittance of funds outside India in connection with this assignment. THE ASSIGNOR further covenants that on the request of the Assignee, it will execute, all documents, papers, forms and authorizations that may be necessary for securing, completing, or vesting in Assignee full right, title, and interest in the trademarks. THUS the said registered trademarks have become as from the date of this Deed the absolute property of the Assignees on a worldwide basis. The Assignees would take the necessary action to effect the registration of this Deed at the Registrar’s Office concerned and for payment of taxes, if any, on the financial transaction. GOVERNING law, in case of any dispute in respect of this agreement, would be of ______________________ (Country). IN WITNESS WHEREOF the common seals of the parties hereto are hereunto affixed the day and year first above written. _________________________ _________________________ ASSIGNOR ASSIGNEE Download Word Document In English. (Rs.20/-)
- Agreement of Licence to Publish on Lump Sum Consideration
Agreement of Licence to Publish on Lump Sum Consideration AGREEMENT is made at ___________this _____day of ___________ between Mr._____________ r/o_______________ Here in after referred to as `the Author' of the FIRST PART and Mr. .........................r/o.......................Hereinafter referred to as `the Publisher' of the OTHER PART. WHEREAS 1. The Author has written a book being a commentary on ___________ Act. 2. The Publisher has offered to publish the same on the following terms and conditions and which are agreed to by the Author. NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Publisher agrees to publish the said book entitled __________within a period of......months from the delivery of the manuscript of the book by the Author to the Publisher. The printing and publishing will be done by the Publisher at his own costs. 2. The Author will deliver the manuscript of the book, complete in all respects within two months from the date hereof. The Author hereby grants license to the Publisher to print and publish the said book subject to the terms and conditions herein mentioned. 3. The Publisher has agreed to pay a lump sum of Rs __________as royalty to the Author out of which a sum of Rs.__________ is paid on the execution of these presents as advance and the balance will be paid within a week from the time the book is printed and ready for publication. The Publisher will not be entitled to sell any copy of the book unless the said amount is paid to the Author and until such payment the said amount will remain a charge on the copies in the possession of the Publisher or his Agents. 4. Subject to the right of publication hereby given to the Publisher the copyright in the book including the right for further publication will remain with the Author. 5. The Publisher shall print only _________ copies of the book and no more and the price of the book will not be more than Rs_______________ per copy. 6. The Publisher shall show the final proof of the print to the Author for his verification and the Author will be entitled to make any formal changes therein and to correct mistakes. The cover of the book will be got approved by the Author. 7. The Publisher will be entitled to advertise the book as best as he can but at his own costs.The book as well as the advertisements will show the name of the Author prominently. 8. The Publisher will have no right to take out more copies than that is provided above and will not take out any fresh print without the consent of the Author. 9. If the Author proposes to bring out a new edition of the book he will give the first option to the Publisher on such terms as may be agreed upon In the event of any disagreement as to such fresh terms, the Author will b entitled to publish a new edition by himself or through any other publisher But in no event the book will be reprinted or republished unless at least 90% of the copies of the book to be published under this agreement are sold out. 10. The Publisher will be entitled to sell the copies of the first edition and to appropriate the sale proceeds to him. The Author will not be entitled to ask for accounts of the sale of the said Edition. 11. The Publisher shall supply __________ copies of the book to the Author free of cost. 12. The Author warranties that the said book is his original and does not infringe the copy right of any person. The Author agrees to indemnify and keep indemnified the Publisher against any claim made on account infringement of any copy right. The Author also warrants that he has no given the right of publication to any other person. 13. The Publisher undertakes to mention on the cover page or any other following page that the copyright in the book belongs to the Author. 14. This agreement is executed in duplicate and one copy thereof will remain with the Author and the other with the Publisher. IN WITNESS WHEREOF the parties have put their hands the day a year first hereinabove written. Signed and delivered by The within named Author Mr. ................... In the presence of.................................. Signed and delivered by The within named published Mr .................... In the presence of............................. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)
- Deed for Assignment of Copyright
Deed for Assignment of Copyright THIS DEED OF ASSIGNMENT is made at ________ this _________ day of __________ between Mr. A residing at __________ hereinafter referred to as the Author of the One Part and Mr. B carrying on business at ________ hereinafter referred to as the Publisher of the Other Part. WHEREAS: 1. The Author has written a book entitled ___________ (hereinafter called "the said book") and desires to publish the same. 2. The author is the absolute owner of the copyright in the book. The copyright is registered with the Registrar of Copyrights in ____________. 3. The publisher's representative has scrutinized in detail and to his satisfaction the manuscript of the book and has offered to purchase the copyright in the said book for the purpose of publication. 4. The Author has agreed to do so in consideration of the Publisher paying him a sum of Rs_________ as lump sum royalty and on the following terms and conditions agreed to between the parties. NOW THIS DEED WITHNESSETH that pursuant to the said agreement and in consideration of the Publisher paying to the Author a sum of Rs_________ on the execution of the Agreement (receipt whereof the author admits) he the Author hereby assigns to the Publisher the Copyright in the said book TO HOLD the same unto the Publisher absolutely throughout India and subject to reservations hereinafter contained: 1. And the Publisher agrees and undertakes that the said assignment is restricted to publish the said book in India only and the Publisher shall not without the prior consent in writing of the author, publish any translation thereof in any other language and shall not allow it to be exploited for converting into a play or any cinematographic film or any Television serial. 2. The Publisher undertakes to mention in the first edition, all reprints and subsequent editions the name of the author as author of the book. 3. The Author hereby warrants to the Publisher that: a. The Author is the exclusive owner of the copy right in the said book and he has not assigned the Copyright in or given license to use the copy right to anybody else or encumbered the same or done anything so as to prevent him from assigning the said right. b. That the said book does not contain any defamatory obscene or otherwise objectionable matter; and c. That the contents of the current edition of the said book are the original work of the author and do not constitute breach of copyright vesting in any other person/s. Where limited extracts have been taken from other published or unpublished works in which copyright vests in other person/s proper acknowledgement has been made in the book. d. That if the publisher requires any other person/s to assist the author in preparing subsequent editions of the book the names of those persons will also be mentioned as joint author/s of the book. And the author will do and execute such other acts or deeds, if required, to confer entire copyright in the said book and as hereby assigned as may be necessary. e. That he will not publish either himself or through any other publisher an abridgment of the said book or any other book on the same subject and which would be competing with the book or get it published by any other person so long as the said book which is the subject matter of the present is being published by the Publisher and sold in the market. f. That the publisher shall have the right to get the second and subsequent editions of the book prepared by either the author or any other person of the publisher's choice. If the publisher requires the author to prepare the second or any subsequent edition, the author undertakes that he will re-edit the said book at the time of publishing second edition thereof and to make it up to date when required by the Publisher. In case of authors failure to do so, the Publisher will be entitled to get the book re-edited, enlarged or abridged through some other author of the publisher's choice. For the said re-editing, the publisher will pay to the author the sum of Rs. __________/-. the author shall complete the re-editing within _________ months of being asked to do so by the publisher. 4. And the Author hereby agrees to: a. Indemnify and keep indemnified the Publisher against all claims, proceedings, costs and damages incurred or suffered or awarded or paid in respect of or arising out of any breach or non performance of any of the warranties on the part of the Author hereinbefore given or out of any claim by a third party based on facts, which if substantiated would constitute a breach or non-performance of such warranties. b. The publisher shall have full right to assign the said copyright to publish the book in any part of India, to any person. 5. Permit the Author to take ___________ copies of the book on publication free of cost. 6. In the event of any dispute or difference between the parties hereto arising out of or in connection with this deed of whatsoever nature the same shall be referred to arbitration of a common arbitrator if agreed upon, failing which to two Arbitrators one to be appointed by each party to the Arbitration. The said Arbitrators shall appoint a presiding Arbitrator and the Arbitration shall be governed by the Arbitration Act and Conciliation Act, 1996, or any statutory modification thereof. IN WITNESS WHEREOF the Assignor has put his hand the day and year hereinabove written. Signed and delivered by the) Within named Assignor Mr. A) In the presence of........) Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)
- Agreement To Use Trade Mark
Agreement To Use Trade Mark This Agreement To Use Trade Mark is made between the following: M/s_____________________________, having their office at:________________ through their authorized person ( hereinafter known as the I st Party) AND M/s_____________________________________, having their office at: ______________________________________________________ through their authorized person (Hereafter known as the II nd Party) WHEREAS the I st Party is the manufacturer under a registered Trade Mark, more specifically described in the ANNEXURE A to this Agreement To Use Trade Mark. WHEREAS the II nd Party is manufacturing the same product in India under a separate agreement entered into between the parties hereto. AND WHEREAS the I st Party declares that the Trade Mark is duly registered and is valid and subsisting and it has a right to allow the same to be used by any party even outside the country where it is registered. AND WHEREAS the II nd Party has requested the I st Party to allow to use the same Trade Mark In the sale of the said product in India and which the II nd Party has agreed to do on the following terms and conditions agreed upon between the parties. NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Ist Party agrees to allow and hereby grants the right to use the said Trade Mark mentioned In the Schedule hereunder written in relation to the said product manufactured and sold by the II nd Party in India till the validity of the registration of the said Trade Mark owned by the Ist Party. 2. The II nd Party shall get its name registered as the user of the said Trade Mark in India as required by the Indian Law and the Ist Party will give its written consent to the application that will be made by the II nd Party to the Registrar of Trade Marks in India for that purpose. All expenses required for that purpose will be on account of the II nd Party only. 3. The II nd Party and only II nd Party only will use the said Trade Mark only for the sale of the said product in India and not for any other goods or anywhere outside India under this Agreement To Use Trade Mark. The parties may however at their choice enter into any other agreement in this regard separately. 4. The Ist Party has agreed to allow the use of the said Trade Mark only If and so long as the said product is manufactured according to the specifications and standards laid down by the Ist Party and with the help of the know-how supplied by the Ist Party to the II nd Party. If at any time, the Ist Party finds that the said product is not up to such specifications and standards the Ist Party will be entitled to withdraw the license or permission granted by the Ist Party under this Agreement To Use Trade Mark and to cancel this Agreement To Use Trade Mark giving three months’ prior notice to the II nd Party in that behalf. 5. In the event of the cancellation of this agreement under the above mentioned clause or any other provision herein contained, the II nd Party will forthwith stop the usage of the said Trade Mark and withdraw all advertisements, posters and other material referring to the said Trade Mark in any manner. In such event, the registration of the Trade Mark for user will also be got cancelled by the II nd Party. , 6. In all advertisements. labels or packing’s, posters, and other material in which the said Trade Mark is used, it will also be mentioned that the Trade Mark belongs to the Ist Party and the II nd Party is allowed to use the same. 7. The II nd Party will be vigilant to see that the said Trade Mark or any other mark similar thereto is not used or passed off by any other person as the Trade Mark of that person and in the event of such use, shall take immediate legal action civil and/or criminal to prevent the use thereof or in the event of its being used to claim damages for infringement thereof. The Ist Party will, in such event execute a power of attorney in favour of the II nd Party authorizing the II nd Party to take such action, civil or criminal in the name of the Ist Party provided that such action shall not be taken without the written consent of the Ist Party and if taken shall not be further prosecuted unless it is ratified by the Ist Party in writing. 8. Except the right to use the said Trade Mark during the subsistence of this Agreement To Use Trade Mark. the II nd Party shall not have or claim to have any other right to the said Trade Mark. 9. In consideration of the permission or licence to use the said Trade Mark the II nd Party shall pay to the Ist Party the amount fixed as per the schedule under this Agreement To Use Trade Mark. 10. All payments to be made by one party hereto to the other under this Agreement To Use Trade Mark shall be subject to the permission of the Reserve Bank of India and shall be made in the manner sanctioned by the said Bank. 11. The said Letters of approval issued by the Government of India herein before recited and hereto annexed, shall be deemed to form part of this Agreement To Use Trade Mark and any term of this agreement which is contrary to or inconsistent with any term or condition of the said letter. the same will be treated as void and of no effect. 12. The duration of this agreement shall be from __________ to ___________, subject to the other provisions herein contained. The said period may be extended by mutual consent. 13. This agreement will be treated as terminated on the happening of any of the events below mentioned. (i) If any party hereto commits breach of any provisions of this agreement and the party who is alleged to have committed breach Is served with a notice by the other party, three months prior to the intended date of termination by the other party and the former party has failed to amend the breach within the said period. (ii) If any event happens which will make the performance of this agreement impossible Including any force majeure event. (iii) If either the II nd Party or the Ist Party goes into either voluntary or compulsory liquidation according to or under the law by which it is governed. (iv) If the parties hereto mutually agree to terminate this agreement. 14. All the sanctions, approvals, permissions, licenses and other requirements of the Government of India and of any statutory authorities required for giving effect to all the terms and conditions. of this agreement shall be obtained by the II nd Party. 15. In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this agreement or as to any claim, monetary or otherwise of one party against the other or as to the interpretation and effect of any terms and conditions of this agreement, such dispute or difference shall be referred to Arbitration of a common Arbitrator If agreed upon, otherwise to two Arbitrators one to be appointed by each of the parties to this agreement and such Arbitration shall be governed by the Indian Arbitration & Conciliation Act 1996. The venue for such Arbitration shall be at the place mutually agreed by both the parties India. 16. Any communication by one party to the other shall be made by at the address mentioned in this agreement. 17. In this agreement the expression know-how shall include technical information such as Inventories, formulae, process, engineering and manufacturing skill. scientific data, calculations, specifications, drawings, standards, sketches and all other relevant information and knowledge. 18. Each of the parties hereto shall be deemed to Include its successors or permitted assigns. IN WITNESS WHEREOF the parties have put their respective seals the day and year first herein above written. Ist Party II nd Party Witnesses 1. 2. Download Word Document In English. (Rs.50/-)
- BEFORE THE REGISTRAR OF TRADE MARKS, AFFIDAVIT
BEFORE THE REGISTRAR OF TRADE MARKS, AFFIDAVIT In the matter of Trade Mark Application No. ___________ AFFIDAVIT In support of request made to record the name of a Subsequent Applicant/Proprietor I, ______________________, Indian citizen, s/o __________________, R/o ______________________________________ do hereby solemnly affirm and declare as follows: 1. That I am an Indian national and residing at the above mentioned address. 2. That I am __________(designation) of ‘( Society name)’, a Society duly registered and validly existing under the Society Registration Act, 1860 having its address at Address (hereinafter referred to as ‘the Society’). 3. I state that I am familiar and well conversant with the facts and circumstances of the present matter and competent and authorized to swear this affidavit and make necessary statement in respect thereof. 4. I state that the trade mark application no. _____________was filed on __________with The Office of The Registrar of Trade Marks, New Delhi by M/s ________________________ a company duly incorporated and validly existing under the Companies Act 1956, and presently known as “___________________”having its office at ___________________________ 5. I state that the trade mark application no. ________ was filed with the Office of The Registrar of Trade Marks, New Delhi for obtaining the registration of a mark for services falling under class ____. 6. I state that the registration of the mark filed for registration under trade mark application no. ____________ is presently pending. 7. I state that a Deed of Assignment dated _______________, was entered by and between the Society and (Company name).” 8. I state that by virtue of Deed of Assignment dated _____________, the entire rights, title and interest vested in the trade mark filed for registration under trade mark application no. _______ stand transferred/ assigned to the Society together with the goodwill of the business connected with and symbolized by the said trade mark, more particularly, as described in the Schedule attached as Annexure-A of the said Deed of Assignment. 9. I state that for all legal purposes and intent the averments contained in the Deed of Assignment dated November ____, 2015 and its Annexure –A be read as part and parcel of present affidavit and the same are not repeated herein for the sake of brevity. 10. I state that with effect from ___________ (being the date on which the aforementioned Deed of Assignment was executed) Society is entitled to have its name entered in the records of The Registrar of Trade Marks as “Subsequent applicant/proprietor” of the Trade Mark filed for registration under application no. _______. 11. I state that as per Article 2(a) of the Deed of Assignment dated _________ “( .” expressly agrees that it shall not object to Company Name) recording of Society name as “Subsequent Applicant/proprietor” of the Trade Mark filed for registration under trade mark application no. _______. 12. I state that no legal proceedings with respect to the trade mark filed for registration under trade mark application no. __________ are presently pending in any Court of law or Tribunal in India, wherein the adoption, ownership, title and/or use of the trade mark is being questioned, challenged and/or disputed. 13. I state that this affidavit is executed in order to be produced before the appropriate authorities in support of the request to record the name of the Society i.e ( Society name). “” as “Subsequent applicant/ proprietor” of the Trade Mark pending registration under trade mark application no. _________. Dated this _____ day of January 2016. Place : New Delhi _______________ Deponent Name ________________ Designation ________________ (Society Name) VERIFICATION Verified at New Delhi on this ____ day of January 2016 that the facts and statements made herein above paras are true and correct to the best of my knowledge and belief and nothing material or relevant has been concealed therefrom. _______________ Deponent Tags: trademark Download Word Document In English. (Rs.30/-)
- Agreement between Author and New Publisher
Agreement between Author and New Publisher AGREEMENT is made at _________ this day of___________ between ________________R/o ______________Hereinafter referred to as the `Author' of the First Part &......................carrying on business at _____________ Hereinafter referred to as `the New Publisher of the Other Part. WHEREAS 1. The Author, by a Deed of Assignment dated ______________between the Author and_________________ (hereinafter referred as the Old Publisher) in consideration therein mentioned, assigned to the said. Old Publisher all his copy right in the book titled _______________written by him subject to certain reservations particularly regarding subsequent edition of the book and the first edition has been published by the said old Publisher in the year_______________ 2. The said Old Publisher has in his turn assigned the said copyright in the said book to the New Publisher by a Deed of Assignment dated........ 200- 3. The Old Publisher had brought out, and sold one edition of the said book and the book is due for republication, being in demand. 4. The New Publisher has approached the Author with a request to re-edit the said Book by making necessary, additions omissions or alterations so as to bring it up-to-date and which the Author has agreed to do on the following terms and conditions. NOW IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. The Author, at the request of the New Publisher agrees to re-edit the said book entitled ______________by making necessary additions, omissions, alterations or corrections as may be necessary to make it up-to-date. The Author agrees to complete the said work within __________months from the date hereof and to hand over to the New Publisher the re-edited manuscript copy of the said book. 2. The Author grants license to the New Publisher to publish such a revised edition to be prepared by the Author. 3. The Author covenants that he will not give any license to any other person for republishing the said book revised or unrevised. 4. The New Publisher agrees to pay to the Author by way of royalty for the revised edition a sum equal to ________per cent of the price of each copy of the book sold less the proportionate costs of printing and the amount will be paid at the end of every ________months from the publication of the revised edition for all copies during the said period. 5. The New Publisher shall send to the Author every _______months a statement of account in respect of the royalty payable to the Author and the Author will have the right to inspect the books of account, vouchers and papers of the New Publisher to verify the correctness of the account submitted by the New Publisher. 6. The Author shall have a lien on the unsold copies for the amount of royalty due and payable to him and he will be entitled to enforce the said lien through Court. 7. The Author warrants that the said book or its revised edition does not infringe the copyright of anybody else and does not and will not contain any defamatory material. 8. The New Publisher will supply ___________copies of the said book free of costs to the Author. 9. This License is limited to the publication of the said revised edition of the book and if after the new edition is published and sold out, and the New Publisher does not agree to reprint or bring out a new edition of the said revised edition of the Book, on the terms of this agreement or otherwise the Author will be entitled to get a new edition printed and published through some other publisher and the License hereby granted by the Author shall be deemed to have lapsed. 10. The Deed of Assignment of copyright between the Author and the Old Publisher shall be deemed to be modified by this Agreement and subject to such modification it will continue to remain in force. 11. If any dispute or difference shall arise between the parties hereto in connection with or arising out of this agreement of whatsoever nature, the same shall be referred to arbitration of a common Arbitrator if agreed upon failing which to two Arbitrators, one to be appointed by each party to the dispute and the Arbitration will be governed by the Arbitration Act. 12. This Agreement is executed in duplicate and one copy will remain with the Author and the other with the New Publisher. IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written. Signed and delivered by ....................... The within named Author In the presence of.................................) Signed and delivered by ....................... The within named Publisher In the presence of.................................) Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)
- Agreement of License to Publish on Royalty Basis
Agreement of License to Publish on Royalty Basis Agreement is made at __________ this _________ day of _________ Between Mr................ r/o.......... Hereinafter referred to as `the Author' of the One Part an d________________________ carrying on business at ______________ Hereinafter referred to as `the Publisher' of the Other Part WHEREAS 1. The Author has written a book on the subject of...................... and desires to publish the same. 2. The Publisher has offered to publish the said book on the following terms and conditions, which are also agreed to by the Author. NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Publisher agrees to publish the said book entitled __________ within a period of __________months from the date hereof. The printing and publishing will be done by the Publisher at his own costs. 2. The Author has delivered the manuscript of the book on the execution of this Agreement to the Publisher and the Publisher acknowledges receipt thereof. 3. The Author grants to the Publisher the right to print and publish the said book subject to the terms and conditions herein contained. 4. The Author hereby warrants that the said book does not infringe the copy right of any other person and he is the sole copyright owner of the said book. He also warrants that he has not given license to publish the said book to any other person. The Author agrees to indemnify the Publisher against any claim made by reason of infringement of copyright of any other person or by reason of the Author having given any right in respect of the book to any other person. 5. The Publisher shall print and publish the book at his own entire costs and expenses and he will also advertise the publication of the work at his own cost. 6. The Publisher shall, in consideration of the said right of publication hereby given, pay to the Author as and by way of royalty a sum equal to _________per cent of the price less the cost of printing of each copy of the book actually sold. The amount of royalty accrued on sales, shall be paid within __________weeks from the expiration of every six months commencing from the publication of the book. 7. The Publisher shall submit to the Author every ________months, commencing from the publication of the book, a statement of the copies sold by the Publisher and his agents and shopkeepers. And such statement shall be sent along with the amount of royalty payable as aforesaid. Acceptance of any payment of royalty will not be construed as acceptance by the Author of the correctness of the statement and the Author will be entitled to verify the statement with the books of account, vouchers and other papers relating to sale and the Publisher shall offer such inspection to the Author or his agent whenever demanded by the Author. The Publisher shall with every such statement disclose the total number of copies printed by him. 8. The Publisher shall supply ____________copies of the Book to the Author free of costs and without any royalty being payable thereon. The Publisher shall also supply free copies not exceeding ___________to such newspapers, periodicals or law Reporters as the Publisher may think fit. 9. The Publisher shall not give benefit of this license by way of transfer or otherwise to any other person. 10. The Publisher shall print only............ copies of the book and no more and the price of the book will not be more than Rs..................... per copy. 11. The Publisher shall show the final proof of the print to the Author for his verification and the Author will be entitled to make any formal changes therein and to correct mistakes. The cover of the book will be got approved by the Author. 12. This license is granted only for the publication of the First Edition of the Book. 13. If the Author proposes to bring out a new edition of the book he will give the first option to the Publisher on such terms as may be agreed upon. In the event of any disagreement as to such fresh terms, the Author will be entitled to publish a new edition by himself or through any other publisher. But in no event the book will be reprinted or republished unless and until at least 90% of the copies of the first edition are sold out. 14. The Author warrants that the said book is his original and does not infringe the copy right of any person. The Author agrees to indemnify and keep indemnified the Publisher against any claim made on account of infringement of any copyright. The author also warrants that he has not given the right of publication to any other person. 15. The Publisher undertakes to mention on the cover page or any other following page of the book that the copyright in the book belongs to the Author. 16. This agreement is executed in duplicate and one copy thereof will remain with the Author and the other with the Publisher. 17. If the Publisher commits breach of any term of this Agreement, the Author will be entitled to cancel the same by giving fifteen days' notice to that effect to the Publisher and on the expiration of the said notice period this agreement will come to an end. On the termination of this agreement for any reason the Author shall have the option to take back all the unsold copies and the Publisher shall hand over them to the Author on payment of the proportionate cost of printing thereof but if the Author fails or refuses to exercise the option and to pay the costs, the unsold copies will be retained by the Publisher and sold. 18. In the event of any dispute or difference arising between the parties hereto out of or in connection with the agreement the same shall be referred to arbitration of a common arbitrator if agreed upon, otherwise to two arbitrators, one to be appointed by each party to the arbitration and the Arbitration will be governed by the Arbitration Act for the time being in force. IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written. Signed and delivered by................... Within named Author............. In the presence of......................... Signed and delivered by ................... Within named Publisher In the presence of...................... Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.20/-)
- Trademark Infringement Notice Format
Trademark Infringement Notice Format To, Date: Noticee Name Address Phone number SUBJECT: “Legal Notice for Infringement/Passing off our Trademark by using our Brand Name “(Brand Name)” and cheating consumers by using our trademark Under instructions from and on behalf of our client named, (name of company or person whose legal right violated) , having registered office at (Address) , without foregoing and without prejudice to the legal rights and remedies available to our client, we hereby issue and serve upon you, the aforesaid Noticee the following Legal Notice for the cause stated as under: 1. That our client is a Private Limited Company incorporated under the Companies Act,1956. Our client is one of the prominent company which has established its name with utmost hard work and perfection and has attained a high degree of reputation and goodwill in the business by helping its business to grow and to take the venture to the next level. 2. Our client carries on business of Restaurants under the Trade Mark “ Brand Name ” with Device under Class 43 and the said Trade Mark has been advertised in the Newspapers and particularly in the Trade Marks Journal no……… and the application number is ……………. 3. That our client has been using this trademark since ( Date) and the same has been renewed till 24/11/2026. Our client has been using the said Trade Mark “ Brand Name ” since 2006, which has acquired a distinctive feature in respect of the services of our client by such continued and extensive use of the said Trade Mark. The high standard of the performance of the “ Brand Name ” restaurants has come to be exclusively associated in the minds of the public with our client’s brand. 4. That our client is a big brand and known for providing good quality of food or services under the Trademark ” Brand Name ” and established a good reputation in the field of Restaurants and due to high demand and fame, Now there are many Franchisee ventures of ” Brand Name ” in Pune and Ahmedabad, and it also runs ” Brand Name ” restaurant in Noida 5. It has come to our client’s knowledge that you have been providing restaurant services under our Mark “Brand Name” with intention to cheat consumers by using their trademark/brand. That you, the Noticee is registered with Zomato with the name “ Brand Name”, which is infringement of our client’s trademark and the same is a punishable offence. 6. That our client has been using this mark for more than 13 years, and the same is protected under the Trademark Act,1999. You were aware of our client’s brand and in spite of such knowledge you the noticee has been using our client’s brand and Trade Mark for providing Restuarant Services with the mala fide intention to trade over our client’s goodwill and reputation which our client has built up by spending huge amounts. 8. That you, the Noticee is trying to take advantage of our client’s goodwill and reputation in the market for your business, which is an offence not only towards our client; in fact, you are misleading consumers also. 8. That you the Noticee is very well aware of this act and you, the noticee is misusing our client’s mark for your restaurant service with the intention to confuse consumers for wrongful gain to you. You, the Noticee have made yourself liable to legal proceedings for both Civil and Criminal under the Trademark Act,1999. 9. That you, the Noticee is cheating innocent Consumers also by using our client’s mark by giving the impression of our brand and the same is prohibited and punishable under the Consumer Protection Act, and our client’s reputation in the market is also at stake due to misuse of our client’s mark by you the noticee. 12. That you will immediately de-register / stop your restaurant services in our Client’s Trademark from Zomato website and send the confirmation of this to my email id mentioned in this notice. 14. In the event the aforesaid requirements of our client pertaining to written apology and refund are not fulfilled within 15 days of the receipt of this notice, we will be left with no other option but to initiate legal proceedings both civil and criminal 15. That you, the Noticee is further called upon to pay our client an amount of Rs. 15000/- (Rs. Fifteen Thousand Only) towards the cost of this notice. Further, you, the Noticee shall ignore this notice at your own peril and cost. 16. Please further note that this notice is without prejudice to the right of our client to initiate any other legal proceeding before the court of law to get justice for the same. COPY RETAINED Yours Sincerely, (Advocate Signature) Download Word Document In English. (Rs.20/-)










