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NOTICE REGARDING BREACH /PASSING OFF  THE TRADE MARK  Date………………………… To SM & Sons. (Address)  Notice regarding Breach/Passing off the Trade Mark Dear Sirs, As Per instructions from our client…………………………………………………………………...Ltd. we state as follows: Our client doing business being manufacturer/dealing in Water Filters under Trade Mark ……………………….. for Water Filters and its components.  The said Trade Mark ………………………..…. has been advertised in the News¬papers Our client has been using the said Trade Mark ……………………..…since 1950, acquiring a distinguished feature concerning goods of our client by such extensive/continued use of said Trade Mark/advertisements. The high standard of working of Water Filters ……………….. has won the minds of the public with our client's goods. Our client being established manufacturer/dealer for Water Filters. Our client's has come to know that you have been manufacturing/selling Water Filters. under a Mark ………………………….……. The get-up, mark and packing of your Water Filters are fraudulently alike to that our client's Water Filters, according to look.  You knew our client's said …………………………….. Water Filters at the time of your first trade enquiries, market research and starting your factory and selling the products. Despite such know how of our client's Trade Mark/products the manufacturing/selling of your Water Filters with the Mark…………….. ……were with the mala fide motive in trading over our client's reputation/goodwill as made by our client by spending huge amounts apart from expenditure for research/development of our client's Water Filters. Your product per Mark ………………….……….in the market and our client's Trade Mark ……………………………...have emerged cheating and perplexed the mind public and particularity the intending user in Water Filters.  By your erroneous using Mark ………………………………….. for selling the Water Filters knowing completely our client's set up Trade Mark …………………………....for Water Filters, you have become liable under Civil and Criminal actions under Trade and Merchandise Marks Act 1958. In the last, we ask you to stop/cease at once using the Mark ………………….……. and expressly consent for demolishing all your dies, blocks, labels and cartons with printed/packing materials by giving undertaking convincing our client's.  In case you do not replay by two weeks from the date of receipt of this notice we have instructions to take proper legal actions against you without any notice and in that event you will be held completely liable for all costs and results thereto.  Yours faithfully  Signature of Advocate.  Download Word Document In English. (Rs.20/-)

Agreement of License Between Trade Mark Owner and a Manufacturer AGREEMENT is made this _____________day of ________ between __________M/s ______________, a Company registered under the Companies Act, 1956, and having its registered office at ___________ hereinafter referred to as `the Licensor' of the One Part and Mr. ._________________carrying on business of ________________ Hereinafter referred has `the Licensee' of the Other Part WHEREAS 1.      The Licensor is the proprietor of a trade mark more particularly described in the schedule hereunder written and which is duly registered under the Trade and Merchandise Marks Act 1958. 2.      The Licensor is manufacturing and selling the goods viz ____________________ under the said trade mark. 3.      The Licensee who is running a small scale industry has requested the Licensor to grant him a license to manufacture the said goods with the trade mark embossed or printed thereon as is being done by the Licensor and which the Licensor has agreed to do on the following terms and conditions agreed to between the parties hereto. NOW IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1.      The Licensor hereby grants to the Licensee a license to manufacture the said goods as a job work by applying the said trade mark, particulars of which are described in the Schedule hereunder written. 2.      The Licensee agrees and undertakes that all of the said goods manufactured by the Licensee in his factory at ______________or elsewhere shall be sold to the Licensor and not to anybody else at the price of Rs __________per item or article. The Licensee undertakes to manufacture and supply to the Licensor a quantity of not less than _________________every month. 3.      The goods so manufactured with the said trade mark applied to them will be supplied and delivered by the Licensee to the Licensor at the latter s business premises at _______ at his own costs of transport. 4.      The price of the said goods so supplied will be paid by the Licensor against delivery after deducting there from the royalty payable by the Licensee to the Licensor as hereinafter provided. 5.      The Licensor shall have the right to reject any goods supplied if they are not as per specifications or quality which are made known to the Licensee and in the event of such rejection the Licensee shall take back the rejected goods from the Licensor's premises at his own costs and until such removal they will be at the risk of the Licensee. The Licensor agrees that during the subsistence of this agreement, the Licensor will not get the said goods manufactured from anybody else. 6.      The ownership of the said trademark will always remain with the Licensor and the Licensee will not pass off the said goods as if he is the owner of the said trademark. 7.      The Licensee will be at liberty to put a label or advertise that the said goods are manufactured by him but it will also be mentioned that the trade mark belongs to the Licensor and that the goods are manufactured for the benefit of the Licensor. 8.      8. In consideration of the Licensor allowing the Licensee to manufacture the said goods with the said trade mark the Licensee agrees to pay to the Licensor by way of royalty a sum equal to ______________per cent of the price of the goods at which they will be sold to the Licensor by the Licensee as aforesaid. 9.      The Licensee shall keep an account of the goods manufactured and sold to the Licensor and the price received by him and royalty paid in respect thereof and such account shall be open to inspection by the Licensor from time to time as may be required by the Licensor. The Licensor will also have the right to enter upon the premises of the Licensee where the goods are manufactured and to take inspection of the goods manufactured. 10.   This agreement will remain in force for a period of ______ years from the date hereof and on the expiration of the said period or earlier termination thereof as herein provided, the Licensee shall stop manufacturing the said goods under the said trade mark and all the goods till then manufactured and lying undelivered to the Licensor will be delivered to the Licensor in terms of this agreement as aforesaid. 11.   If the Licensee commits breach of any term of this agreement, the Licensor will be entitled to terminate this agreement by fifteen days prior notice in writing to the Licensee and on the expiration of the notice period, this agreement shall stand terminated unless in the mean while the breach complained of is remedied to the satisfaction of the Licensor. 12.   The Licensee may get himself registered as a registered user under the provisions of the Trade & Merchandise Marks Act 1958 subject to the terms of this agreement. 13.   If the Registrar of Trade Marks while registering the Licensee as a registered user puts any condition which is not acceptable to the Licensor, the Licensee will withdraw the application for registration or the Licensor will have the option to terminate this agreement. 14.   If any person is found by the Licensee to infringe the said trade mark either by passing off or otherwise, the Licensee will bring that fact to the notice of the Licensor to enable him to take necessary legal action against such person and in that event the Licensee will give all cooperation to the Licensor in prosecuting such action and all the costs thereof will be borne and paid by the parties hereto in equal shares. 15.   If the Licensee himself infringes the said trade mark by passing off or otherwise, then notwithstanding anything provided in clause 16 hereof it will be open to the Licensor to take legal action against him and in such case the Licensee will not be entitled to challenge the ownership of the Licensor in respect of the said trade mark. 16.   In the event of any dispute arising out of this agreement, the same will be referred to arbitration of a common Arbitrator if agreed upon or in the absence of such agreement, to two Arbitrators one to be appointed by each party hereto and the Arbitration will be governed by the Arbitration Act for the time being in force. IN WITNESS WHEREOF the parties have put their respective hands the day and year first hereinabove written. THE SCHEDULE ABOVE REFERRED TO Signed and delivered for and on behalf of Within named Licensor ____________Company By its Managing Director In the presence of _____________ Signed and delivered by the Within named Licensee Mr.______________ In the presence of ____________ Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.20/-)

REGISTERED USER AGREEMENT  Download Word Document In English. (Rs.40/-) THIS AGREEMENT MADE BETWEEN  M/s ___________________________________ a company incorporated under the enactments of the Companies Act, 1956 and with its registered office at ________________________ hereinafter referred to as "the Registered Proprietor" of the One Part AND M/s__________________________________________ a partnership firm registered under Partnership Act, 1932 having office at ______________________________, hereinafter referred to as the "User" of the other Part.  WHEREAS (a) The Registered Proprietor being one of the leading companies in manufacturing, marketing and sale of ________________________________ products and holds registration of the Trade Mark "XYZ", being registration No._________________________ in class _______ in the fourth schedule of the Trade and Merchandise Marks Rules, 1959 concerning the ___________________________ products.  (b) The User recognizes that the Registered Proprietor being the registered legal owner of the Trade Mark "XYZ" as registered in India and the User wants to use the above stated Trademark, after it referred to as the "said Mark".  c) The Registered Proprietor and the User have consented that the Registered Proprietor and the User shall conjointly apply for the registration of the User as the Registered User for all Trade marks registered or for which a registration application has been applied in India by the Registered Proprietor. NOW IN CONSIDERATION OF THE MUTUAL PROMISES THIS AGREEMENT WITNESSED AS UNDER: 1. ALLOWING OF RIGHT IN USING THE TRADE MARK  The Registered Proprietor hereby allows to the User, exclusively right in using the said Mark during the term of this Agreement subject to the terms/conditions stated here in below. It is expressly construed and consented that this agreement does not in any way give right to User, either impliedly or otherwise, for using any other name or trademark of the Registered Proprietor, other than the one given herein this Agreement.  2. USER AGREEMENT.  a. The User acknowledges that all rights, titles, proprietary and interest in and goodwill attached to the trademark are and shall remain conferred in the Registered Proprietor and the User shall not, on its own or in help of or helping any other person take any action that may invalidate, prejudice or impair any rights of the Registered Proprietor in and to the said mark.  b. The User also consents and covenants that it shall not assail the title of the Registered Proprietor to said Mark or assail the legality of this Agreement .The User shall not try to register or record the said mark as such or in any altered form or use or try to register or record any mark which is either in whole or in part of the same or as confusing similar thereto in any state, region or country, either during the term of this Agreement or after ending or termination thereof.  c. User consents any and all uses of the said mark by them in anticipation of this Agreement shall inure solely to the advantage of and on behalf of the Registered Proprietor.  d. User consents in reporting to the Registered Proprietor after they notice, any doubtful breach or disparaging use of the said mark or with trade name, trade mark, or symbol as owned by Registered Proprietor.  e. User shall not transfer, assign or sub-license the license hereby allowed or any rights allowed herein in any manner.  f. Any latches or omission or failure by User for enforcing any of the terms/conditions of this Agreement shall not affect or limit the rights of Registered Proprietor and any waiving by the Registered Proprietor of any infringement of any enactments of this Agreement shall not be understood as waiving of any continuing or succeeding contravention of any enactment.  g. Excepting as laid herein, the User shall not reproduce, vend publish, or in any way commercially exploit the said Mark or grant such reproduction, vending , publication or exploitation by any employee or independent contractor reserved for the purposes of doing out its activities.  h. The User will only use the said mark till he manufactures his goods according to terms/specifications descried by the Registered Proprietor.  i. The User shall give to Registered user from any time on its express request, sample of products using the said mark. If any such sample wished by the Registered Proprietor is not found in conformity with the standards and specifications of the Registered Proprietor then, on notice of such fact, User shall stop using such non-conforming product using said Mark til such non-conformance is rectified and express approval received from the Registered Proprietor intended that such product is in conformity to the standards and specifications of the Registered proprietor.  j. The User consents in giving the Registered Proprietor approach to his venue of manufacture whenever needed and also help in its inspection.  k. The User agrees in not using the said Mark on advertisements, journals, labels and on other documents in such a way that the said mark may in any way become mixed concerning the distinctiveness or legality. An indication either by eye or representatively shall be given to the buying public to the limit that the User uses the said Mark by virtue of allowed use only. 3. APPLICATION TO THE REGISTRAR OF TRADEMARKS The User contents to apply the compulsory application jointly with the Registered Proprietor to the proper office of Registrar of Trade Mark in Performa as laid under the Trade and Merchandise Marks Act 1958. 4. ROYALTY Both the parties hereby consent that no royalty shall be paid by the User to the Registered Proprietor for allowing exclusively right in using the said Mark 5. DISCLAIMER AND INDEMNITY  a. By This Agreement the User does not become an agent, partner or legal representative of the Registered Proprietor and neither party shall be obliged on behalf of the other party, except as contained herein.  b. Subject to any law against it and to the maximum limit allowed under law, the Registered Proprietor on its behalf, its directors, employees and representatives renunciating claims all liability and the User releases the Registered Proprietor and their directors, employees and representatives from whole liability for any loss/damage (whether predictable or not) sustained by any person including the User by using of the said Mark.  c. The Registered Proprietor is not liable for any actions by third parties emerging out of the use by the User of the said Mark. 6. EFFECTIVE DATE AND TERMINATION This Agreement shall begin on the date stated herein above, if however that this covenant shall at once terminate on cancellation of license hereby allowed by the Registered Proprietor. a. The Registered Proprietor shall be entitled in terminated this Agreement in any of the following eventualities: Any contravention of this Agreement by the User including but not restricted to misuse, passing off, unauthorized use, contravention, mixing and disparagement of said Mark, not remedied by thirty (30) days after date of express notice thereto if such contravention can be remedied. b. The User evaded disclosure or misrepresented, any material fact which if correctly presented would have justified the denial by the Registered proprietor to entering this Agreement c. Insolvency/bankruptcy of the User; d. Appointment a trustee or receiver of the User; and e. If the User shall be ended, either by himself or involuntarily, or if any order shall be passed or effective resolution be passed for liquidating of the User. On happening of the above-stated eventualities or any other event materially/adversely effecting this Agreement the Registered Proprietor shall be just with in its rights to apply in the prescribed Performa to Registrar of the Trademarks for canceling of the registration of the user as Registered User The enactments of this article are without prejudicing any other remedy (ies) which the Registered Proprietor may be having due to default of the User. On termination, the User shall at once not use the said mark, and will obey all other future instructions, directions and specifications that the Registered proprietor may give to the User concerning the use of said Mark. The User shall acknowledge and execute any/all documents, and acting on things, as requested by the Registered Proprietor in establishing, protecting and sustaining the said mark. 7. NOTICES All notices, agreements and sanctions needed to be served or given by either party to other shall be considered to have been duly served or given if the same shall be handed over to, left at, or sent by airmail, registered post, courier, or fax by either party to the other at its principal/registered office. If however that either party shall be entitled in intimating other of any other address where such sanctions, agreements and notices shall be received by it and the same shall be considered to have been duly served or given if the same shall have been handed over to, left at or sent by airmail, registered post, courier, or fax to such party at such other address  8. ARBITRATION All controversies or disagreements emerging out of or in relation with any of the terms of this Agreement shall be decided through negotiations amicably per good faith for a period of upto _____ days and failing which shall be decided finally and exclusively per arbitration by arbitral tribunal. Arbitral tribunal should conducted arbitration according to rules of Conciliation and Arbitration of International Chamber of Commerce, as modified from the time being. Each arbitral tribunal shall comprise three arbitrators, one to be selected by each party and the third to be selected by the arbitrators selected by each party. The venue of arbitration shall be ________________________________________ (Name of the city and country). The language used in all written documents laid in arbitration shall be English. Any decision/award of an arbitral tribunal shall be conclusive and bind the parties. IN WITNESS WHERE OF, the parties have executed this Agreement through their duly authorized officers on the dates set forth below: Date: Name _____________________ Designation: ________________ Signed for the Registered Proprietor Name:___________________ Designation: __________________ Signed for User Witnesses: 1. Name: __________________ 2. Name: __________________ Address: __________________ Address: ___________________ Occupation:________________ Occupation: _________________

Assignment of Trademark THIS ASSIGNMENT  is made at ............this...............day of ....................  BETWEEN  Mr. A  residing at.................  (Hereinafter called "the ASSIGNORS") of the one part  And  M/s. AB & Co.,Ltd.,  a Company registered under the Companies Act, 1956, and having it registered office at ...................  (Hereinafter called the "ASSIGNEES" of the other part)  WHEREAS the ASSIGNORS are the proprietors of the trademark registered in India under No. particulars of which are as follows (hereinafter referred to as the "said trade mark"): Trade Mark Number Class Goods WHEREAS the ASSIGNEES are desirous of acquiring the right, title and interest in and to the said trade mark with the good-will of the business concerned in the goods relating to the said trade mark. AND WHEREAS the ASSIGNORS have agreed to assign the said trade mark to the ASSIGNEES as so desired by the ASSIGNEES. The assignee is carrying on the same business and manufacturing and selling similar goods and requested the Assignor to assign the said trademark with the goodwill of his business and which the Assignor has agreed to do on the following terms and in the following manner. NOW THIS DEED WITNESSETH that pursuant to the said Agreement and in consideration of the sum of Rs....paid by the Assignee to the Assignor on the execution of these presents (receipt whereof the Assignor hereby admit) the Assignor as beneficial owner, assigns and transfers unto the Assignee, - Firstly, all the said business of the Assignor of selling the said goods and carried on in the name of M/s ............together with the goodwill belonging to thereto together with the exclusive right to the said name or style in which the said business is carried on and Secondly, with the said Trade Mark described hereunder written with all the rights and benefits belonging thereto including the benefit of registration thereof under the Trade and Merchandise Marks Act of 1958 TO HOLD the same and all the said premises hereby assigned unto the Assignee absolutely. AND the Assignor hereby covenants with the Assignee that -- 1. he has full right and absolute authority to assign the said trade mark with all rights appurtenant thereto 2. that he has not assigned or agreed to assign the same or to grant any license thereon and 3. that the Assignee will be entitled to use the said Trade Mark and the goodwill of the business of the Assignor and to use the said Trade Mark in respect of the said goods manufactured or to be manufactured or sold by the Assignee without any objection or interruption by the Assignor or any person claiming under him, and 4. That the Assignor will at the request and cost of the assignee, at any time execute any document as may be required for better and more perfectly assuring the said trademark unto the Assignee and particularly for registration of this agreement with the Registrar of Trade marks as required by the said Act, 1958. And the Assignor further covenant with the Assignee that the Assignor will not carry on any business of manufacturing and selling the said goods and competing with the business of the Assignee for a period of 1 year and within the area of five kilometers in radius from the place where he has been carrying on the said business.  IN WITNESS WHEREOF the ASSIGNORS and the ASSIGNEES have executed these presents the day and year first above written.  ................................................ ASSIGNOR Witness 1. 2. ............................................... ASSIGNEE Witness 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.10/-)

TRADE MARK - PASSING OFF SUIT  Suit No......... of...... In the High Court at …  Ordinary Original Civil Jurisdiction X Company Ltd., a company registered under the Companies Act 1956 with its registered office at ................  within the said jurisdiction ...............Plaintiff  versus M Company Limited, a company registered under the Companies Act 1956 and doing business at ................outside the said jurisdiction ............... Defendant The plaintiff states: 1. The plaintiff is trading in manufacturing and dealing in Electronic goods …... The plaintiff having agents in deferent places in India for vending its products. The plaintiff's products have won best reputation as its products bear distinguished features in set up shape, size, layout marking and packaging. 2. The plaintiff is using its Trade Mark X whole its products. The vending of plaintiff s products are sound base both in side and out side in India. 3. For previous seven years plaintiff has advertised its products under its said Mark by spending and amount of rupees seven lakh due to that . 4. Due to prolonged advertisement and vending of products public joined the said mark … to the plaintiff and with the plaintiff's products. Hence the plaintiff enjoys good /reputation in India and out side India including Bombay within the powers of this Hon’ble Court. 5. The goods of plaintiff are produced in Bombay and vended in side and out side India. Details of sales for previous 5 years are appended in Schedule enclosed marked 'B'. Copies of deferent newspaper cuttings of advertisements are enclosed herewith combinedly marked 'C'. Details of advertisement costs annually are stated in a Schedule enclosed hereto marked 'D'. 6. The plaintiff abided whole compulsory legal formalities and enactments for registering of its products under Trade Mark …... ,which Trade Mark ….. was registered with the Registrar of Trade Marks, …….Bombay bearing Trade Mark No. 1 in Class I relating to electronic goods with computers both software and hardware. The Office of the Registrar of Trade Marks, the concerned Register with Record bearing registration of plaintiff's said products are within the jurisdiction of this Hon'ble high Court. Certified copies of application with Certificate of Registration are enclose hereto collectively marked E)'. 7. The said mark …..became very famous among the buyers of the plaintiff's products and the Mark … became very much concerned with the plaintiff's products. 8. On or about date……year…….. plaintiff's was intimated by Trade Marks Registry, Bombay that respondent has applied for registration of the alleged Trade Mark …..for alike goods as that of the plaintiff. A copy of the Letter of Registrar of Trade Marks, Bombay is enclose hereto marked 'F' intimating to plaintiff said application of the defendant. 9. The defendant has been erroneously vending the electronic computers and goods software and hardware through its vending outlets in Bombay bearing said Trade Mark ….within the jurisdiction of this Hon'ble Court. Copies of some cash memos showing dealer's name, address, goods and the Trade Mark using thereby are enclosed hereto collectively marked 'G'. 10. The plaintiff says that vending of said products by defendant under Trade Mark …..has amounted to by passing the plaintiff's goods as the goods of alike nature under a fraudulently alike Mark. The defendant has hence breached the plaintiff's said Trade Mark inasmuch as the goods marked XZ is fraudulently alike to that of plaintiff's Trade Mark XY and the goods are alike and of the same description. 11. The defendant's Trade Mark has been so higher alike to the plaintiff's Trade Mark that the defendant has been passing off its goods as that of plaintiff's goods and/or defendant is enabling the others to do similarly and hence defending is getting the last benefit out of goodwill/ reputation of plaintiff which good will was enjoyed by him for previous many years. This goodwill was setup at highest cost of plaintiff. 12. The plaintiff says that conduct of defendant relating to vending /advertising of its products has been deceptive cheating in king as much as same are computed to cheat the buyer of the plaintiff's goods into assuring that products of defendant are extremely alike to and extremely related with plaintiff. Thus The public have been wondering about source /origin of products which are very much alike and/or of alike detail. 13. The defendant due to such vending and advertisements causing highest injury and loss to public along with plaintiff. The plaintiff has sustained and still sustaining and will continue to sustained highest loss and injury on defendant continuing with its erroneous actions by defendant. Un till full discovery is made about vending of product of defendant the plaintiff can not assert the total amount sustained by it and it likely to be sustained by plaintiff owing to erroneous actions of defendant. 14.The loss of money or injury done to plaintiff by erroneous actions and conduct of defendant can not be calculated and there for the indemnification in money can not be sufficient and adequate for the damage and loss sustained or to be sustained by the plaintiff. 15. The plaintiff claiming handing over of the breaching dies, blocks, labels etc. for destruction and cancellation . The plaintiff says that the defendant can not vend its products or advertise it in market under the Trade Mark …. and hence defendant should be restrained from vending its products under the Mark …………………..… or advertising the same. 16. cause of action for plaintiffs for suing is emerging day by day because the defendant is passing off its products as the products of plaintiff, inter alia, in Kerla and Bangalore outside the said jurisdiction and in Bombay within the jurisdiction of this Hon'ble Court day by day and every day till date and desires in continuing same. 17. The plaintiff's statutory cause of action emerged in Bombay where defendant vended its products erroneously under the Trade Mark …. alike to the mark of plaintiff cheating the general public into belief that they have been buying the goods of plaintiff. The office of Trade Marks Registry is located at ……Bombay within the jurisdiction of this Hon'ble Court where the plaintiff's said Trade Mark…is registered. As the said passing off occurred both within and out side the said jurisdiction the plaintiff prays for leave under cl. 12 of the Letters Patent to file this suit in this Hon'ble Court because portion of cause of action arose within the jurisdiction of the Hon'ble Court and portion of cause of action arose in ………..….. with the defendant is manufacturing the goods and packing the same with the deceptive Mark ……. and vending the same with intention of passing off the same as goods of plaintiff outside the jurisdiction of this Hon'ble Court. 18. The plaintiff has other claims and also other causes of action for continuing breach of plaintiff's Trade Mark and passing off defendant products as product of plaintiff. Hence the plaintiff bear other claims which cannot be calculated now and prays for leave under Or. 2, r. 2 of the Code of Civil Procedure 1908 for taking future and proper valid proceedings in such venue as the plaintiff may be advised. 19- For purposes of jurisdiction/court fees value of suit is Rs......... on which court fees per stamps have been paid and hence this Court have been jurisdiction in allowing, trying and deciding this suit. The plaintiff hence prays for leave per Clause 12 of the Letters Patent per Or. 2, r. 2 of the Code of Civil Procedure 1908 and claims: (a) Permanent stay order restraining the defendant, its servants, agents and representatives from erroneously vending the products or offering for vending or otherwise dealing in any goods alike to the goods of the plaintiff per Trade Mark …. or any other Mark deceptively alike to plaintiff's Trade Mark …..; (b) A Decree due to profits earned by defendant by wrongful use of the mark …. alike to mark of plaintiff's Trade Mark ….. and a decree for such money favouring the plaintiff against the defendant as may be found due on calculating the accounts; (c) Investigation into damages sustained by plaintiff owing to erroneous action of the defendant and a decree against the defendant for the amount found due on such investigation; (d) Decree for handover of breached labels, blocks, dies etc. with advertising and packing materials and demolition thereof; (e) Receiver; (f) Attachment; (g) Injunction; (h) Costs; (i) Other and Further reliefs as the plaintiff legal right and per equity. Name and address of the plaintiff's Advocate Signature of the plaintiff  Verification I, ....................... son of......................... by occupation service residing at....................... do hereby solemnly affirm on oath and say as under: 1. I am Constituted Attorney/principal officer of the plaintiff and hence I am competent to sign this plaint and all petitions, Vakalatnama and affirm affidavits on behalf of the plaintiff. 2. I know and I have made myself acquainted with the facts and circumstances of this case and I am able to depose. 3. The statements appended in the paragraphs 1 to 16 of the foregoing plaint inclusive of cause title thereof are true to my best knowledge basing on records kept by plaintiff and believed by me to be true and those stated in paragraphs 17 to 19 are my humble submissions before this Hon'ble Court. Solemnly affirmed by the said Mr. ...................... at the Court House in Bombay on this ....... day of.......... Sd/ Before me Commissioner  Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.40/)

DEED OF TRUST FOR PRIZE TO BE AWARDED TO BRILLIANT STUDENTS THIS DEED made this …………..day of…………..20 between A, son of…………..resident of …………..hereinafter called the Donor of the ONE PART and the University of …………..a body constituted under the ………..University Act, hereinafter called  the trustee of the OTHER PART.   WHEREAS the donor is desirous of the advancement of legal knowledge and for that purpose wants to create a fund for the purpose of giving prize to the brilliant students in the manner hereinafter  provided.   This Deed witnesseth that, in pursuance of the said desire, the Donor doth hereby convey and assign unto the trustee All and Singular the Government Securities of the value, denominations and numbers given and described in the Schedule hereto. To hold the same unto the trustee in perpetuity upon trust and with and subject to the terms, powers, and declarations hereinafter contained and, it is hereby declared that the trustee shall pay and discharge all expenses and charges incurred in or about the execution of the trust hereby declared or such expenses and charges as may be incidental thereto, from the interest, income and profits of the trust assets and shall apply the residue of such interest, income and profits in investment of securities as the trustee deems fit.   (2) The prize shall be called "The …………..Prize"   (4) The said prize shall be awarded to the student of University who secures the highest marks in LLB (Professional) Course every year of the said University: Provided that if the number of such students are more than one, each student will be awarded the prize separately. The name or names of the students getting prize will be announced at the University Convocation and shall be published in the merit lists published by the University.   (5) The trustee may sell the trust assets or any part thereof for the purpose of investing the sale proceeds in more profitable securities Provided that the trustee shall not invest in any security other than mentioned in section 20 of the Indian Trusts Act, 1882.   The Schedule above reefed to   IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written.   WITNESSES Signed and delivered by the within named founder A    1 Signed and delivered by the within named Trustee,..........................University through the hands of 2. Shri………….. Registrar its authorised official                                                                                     Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

SHORT FORM OF DISCLAIMER OF TRUST TO BE ENDORSED ON DEED OF TRUST KNOW ALL MEN BY THESE PRESENTS THAT I ....................... ………..son of (who am named as a party and trustee of the above trust deed), hereby declare that I have not accepted the trusteeship nor in way acted in the execution or management of the said Trust.   And I renounce and disclaim the said trusteeship and all properties, estates, rights, powers, privileges and authorities expressed to be vested in me.   IN WITNESS WHEREOF the above named ................................has hereunto set his hand this ……..day of ……..20    WITNESSES Signed .................... 1 . 2. Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

APPOINTMENT OF A NEW TRUSTEE THIS DEED is made at …………..the…………..day of ...........................between A, son of …………..resident of .......................B, son of …………..resident of …………..and C, son of …………..resident of hereinafter called "the continuing Trustees" of the ONE PART and D,   son of ......................resident of …………..hereinafter called the "New Trustee" of the OTHER PART.   WHEREAS by a Deed of Trust dated …………..between M therein referred to as the Author of the Trust of the ONE PART and the said A, B, C and E therein referred to as the Trustees of the other part and registered at the office of Sub Registrar at under Serial  No . …………..of Book 1, hereinafter called the said Trust Deed, the said Author of Trust granted and conveyed unto the Trustees the properties and Assets situated at …………..and more particularly described in the First Schedule there under written and to have and hold  the same unto the said trustees to the use and upon the trusts and subject to powers, obligations and provisions therein contained;   AND WHEREAS it was provided in clause of the said trust deed that in case of a vacancy amongst the trustees, the continuing trustees will be authorised to appoint the new trustee in his place;   AND WHEREAS E, One of the trustees has expired on .................   AND WHEREAS the continuing trustees propose to appoint D as new trustee in place of the trustee E;   AND WHEREAS it is desired by the parties to appoint the new trustee by a deed and to transfer the properties and assets of the trust to the new trustee along with the continuing partners so as to vest the same in him.   Now this Deed witnesseth that the continuing trustees in exercise of the powers conferred on them by the said trust deed appoint Das the new trustee of the said trust for all purposes in place of E, who has expired, to act jointly with the continuing trustees in the said trust and declare that the continuing trustees do hereby grant, convey and transfer all the properties and assets described in the First Schedule hereunder written and do assign the securities and investments described in the Second Schedule hereunder written to have and hold the same unto the new trustee alone and jointly with the continuing trustees to the use and upon the said trust and with the same powers, provisions and obligations as are specified in the said Trust Deed to the intent and purposes and as if the new trustee was originally appointed as trustee by the said Deed of Trust.   IN WITNESS WHEREOF the parties have put their hands the day, month and year first hereinabove written.   The First Schedule above referred to   The Second Schedule above referred to WITNESSES Signed and delivered by the within named continuing 1 . trustees A, Band C 2. Signed and delivered by the within named new trustee D Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

TRUST DEED FOR ESTABLISHING A TEMPLE THIS TRUST Deed made at ………..the ………..day of ..................20………..between A, son of ………..resident of……….. (hereinafter called the Donor) of the ONE PART ………..and  Shri B, son of ………..resident of ………..and Shri C, son of ………..resident of………..(hereinafter called the Trustees) of the OTHER PART.   WHEREAS the donor is entitled to and otherwise seized of the plot of land more particularly described in the Schedule hereto.   AND WHEREAS the donor is desirous to establish a temple and the trustees have agreed to act as members of the Committee of Management of the said temple and to establish the temple by the money to be provided by the Donor and to maintain and manage the puja and festivals to be conducted in the said temple.   NOW THIS DEED WITNESSETH AS FOLLOWS:   In consideration of the premises, the Donor hereby conveys and   grant………..transfers unto the trustees all that piece of land bearing plot No.........................Survey No . ………..situate, lying and being at village ………..Taluka ………..District ………..and………..more particularly described in the Schedule hereto and delineated by  All estate red coloured boundary line on the plan annexed hereto, together with clause rights, trees, yards, buildings, out buildings, easement, privileges attached to or appurtenant to the same and all the rights, title and interest of the donor therein and the donor has also paid Rs..................to the trustees to hold the same unto and for the use of the trustees free from encumbrances upon trust, to permit the same and all the building or buildings that may be erected thereon to be used as a temple subject to rules and regulations as shall be for the time being in force for the management thereof and subject also to the following provisions:   (2) The objects of the trust are    (a) to construct a Hindu temple and install the Hindu deities of Lakshmi, Saraswati  and Gaytri for worship; (b) to permit all Hindus to worship in the said temple of the said deities; (c) to celebrate festivals on the occasion of navratri every year; (d) to develop, propagate and encourage the Hindu philosophy and to protect the interests of Hindus; (e) to all other acts necessary and conducive to the attainment of the above objects.   (3) The trustees will construct a temple by the money provided by the donor on the land mentioned in Schedule hereto in accordance with the plan annexed at Annexure. The trustees will install the deities of Goddess Lakshmi, Saraswati and Gaytiri in the said temple in accordance with the ceremony prescribed by the Hindu Shastras. The trustees will allow Hindus of all castes and creeds in the temple for worship.   (4) The trustees will be authorised to engage and employ such priests as they think fit for performance of puja and celebration of annual festival in the temple on such salaries or otherwise as they think fit and to suspend and remove them and appoint others in their place to perform puja, etc. The trustees will also be authorised to engage other employees for other miscellaneous works of the temple.   (5) The expenses for maintenance of temple, performance of pooja, celebration of annual festival, payment of salaries of priests, and other servants and other necessary expenses of the temple will be defrayed out of the income of the temple. If the income of the temple is not sufficient, the trustees can defray such expenses out of the corpus of the trust fund. The Trustees may also borrow money for the necessary expenses or purposes on the security of the trust property except the temple. If some money remains surplus, the same will be invested in the securities, as the trustees deem fit.   (6) If any of the trustees becomes bankrupt, insolvent, insane or found guilty of an offence involving moral turpitude or goes out of India for a period exceeding three months or resigns from his office or otherwise incapacitated, the new trustee will be appointed by the of now remaining trustee with the consent of the donor during his life time.   (7) The management and control of the trust property shall be vested in the trustees.    (8) The matters relating to the trust will be decided by the decision of the majority of the trustees, but the trustees will not be personally liable for any loss to the trust property by their decision, unless they are found guilty of fraud.   (9) In case of failure of the trust for want of its object or trust having become impossible of performance due to any reason, the trustees will apply to the Court for applying the trust funds for similar objects.   (10) This trust is a public charitable trust and its property will not be reverted back to the donor or his descendants or any other person.   (11) In case any property belonging to the trust is acquired or requisitioned for public purposes, the compensation received shall be invested by the trustees in such securities as they deem fit.    (12) The trustees will keep proper accounts of all income and expenses of the trust property and deposit all moneys offered to the deities every week in a bank account. The box in which offerings will be made by the worshippers will be locked and sealed and shall be opened every week by the head priest of the temple in the presence of one trustee, who will sign the register of offerings kept by the trustees.   (13) The fund of the trust, including corpus and income of the trust shall not be utilised for any other purpose, than that of the trust hereby created.   (14) The approximate value of the property dedicated and comprising the trust estate is Rs . ………..   IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written.       The Schedule above referred to Annexure  WITNESSES 1 Signed and delivered by the within named Donor A 2 Signed and delivered by the within named Trustees B 3. and C Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

WAKF FOR PUBLIC PURPOSES THIS DEED of Wakf made at …………..this ……..day…………..of…………..20…………..by A, son of …………..resident of ...................... hereinafter called the wakif.   WHEREAS the wakif is absolutely seized and possessed of the land and premises situate at …………..and more particularly described in the Schedule hereunder;   AND WHEREAS the wakif having no wife, or children and has sufficient means for his maintenance during his life time and is desirous to dedicate his properties to God Almighty for pious, religious and charitable purposes as recognised by Islam in the manner hereinafter mentioned,   AND WHEREAS the properties described in the Schedule hereunder are free from any debt, mortgage, lien or charge or encumbrance whatsoever;   AND WHEREAS the value of the said properties is Rs . ...............for the purposes of this deed.   NOW THIS DEED WITNESSETH THAT the wakif hereby dedicates all the properties more particularly described in the First Schedule hereto unto God Almighty, for pious, religious and charitable purposes as hereinafter provided and extinguishes all his rights of ownership absolutely and forever and declares as follows:   (2) The wakif hereby appoints A, son of …………..resident of …………........................as the first mutawalli of the wakf and has delivered the possession of the aforesaid wakf property to him as such mutawalli. He shall sell the part of the wakf properties mentioned in the Second Schedule hereto and shall construct a Madarsa, which shall be used for imparting Urdu and Islamic culture to the muslim children without any distinction of sect or school of thought.   (3) The mutawalli will nominate his successor and thereafter next mutawalli will nominate his successor in office, provided that if any mutawalli dies without nominating a successor or such nominee refuses to accept the office of mutawalliship or becomes unfit or incapable to hold the said office, the mutawalli will be appointed by the court.   (4) The mutawalli shall manage the wakf property and shall collect rent and income of the wakf properties and shall pay and discharge taxes, land revenue, cesses, and necessary expenses for repair of the wakf properties.   (5) The mutawalli shall utillse the income of the wakf properties after meeting the costs and expenses, etc. for the following purposes or any one or more of them as the mutawalli thinks fit: (i) To maintain and run the Madarsa erected by the wakf; (ii) To provide food and clothes to the poor muslims; (iii) To provide money for the poor pilgrims proceeding to Kaaba Sharif; (iv) To support and assist orphans, aged and invalid persons; (v) To support upkeeping and maintenance of the Imambara at.....................; (vi) To provide money for majlis and other celebrations in connection with the Muharram   (6) Subject to the provisions of clause 2 hereof, the mutawalli shall not be entitled to sell, mortgage or otherwise alienate the properties of the wakf or any part thereof; Provided that wakf properties can be sold, mortgaged or disposed off with the permission of the court.   (7) The mutawalli will be entitled to remuneration of Rs . …………..per month for his maintenance, which can be increased with the previous permission of the court depending upon the rising cost. The mutawalli will also be entitled free residential quarter in the building of Madarsa for himself and family.       (8) The mutawalli shall maintain proper books of accounts of the income and expenditure of the wakf properties and the said accounts shall be audited each year by a chartered accountant. The copy of the audited account and balance sheet will be submitted by the mutawalli to the public authorities as required by law.   (9) In the case of any doubt or difficulty in implementing this deed, the mutawalli shall apply to the Civil Court and obtain and comply with directions as may be issued by the said court.   IN WITNESS WHEREOF the wakif has signed this deed on the date and year first hereinabove written.   The First Schedule above referred to The Second Schedule above referred to WITNESSES Signed and delivered by the within named wakif A 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

DEED WAKF ALAL AULAD THIS DEED of Wakf alal aulad is made at …………..the......................day of 20 …………..by M, son of N, resident of..................... hereinafter referred to as the wakf.    WHEREAS the wakf is absolutely seized and possessed of the land and premises situate at …………..and more particularly described in the First Schedule hereunder;    AND WHEREAS the said wakf is the absolute owner of the securities, investments and movable properties more particularly described in the Second Schedule hereunder;   AND WHEREAS by the branch of Mahomedan Law by which the Wakf is governed, he is entitled to declare a wakf for the benefit of his heirs and descendants and in the event of extinction of the line of his descendants for the benefit of the poor muslims in the manner hereinafter appearing;   AND WHEREAS the value of the properties for the purposes of this Deed is Rs . ......................   NOW THIS DEED WITNESSETH THAT, in consideration of the premises, the wakf hereby declares a wakf of all those immovable properties, shares, investment and movable properties more particularly described in the First and Second Schedules hereto and dedicates the same for the benefit of the wakf, his family, children and descendants and in case of extinction of his line of descendants for the use and benefit of the muslims as hereinafter stated.     (2) The wakf appoints himself to be the first mutawalli of the said wakf during his life time with absolute power of management thereof and after his death, any person nominated by the wakif in his life time,failing which his eldest son shall be the next mutawalli. On the death of such mutawalli, the person nominated by him failing which the eldest son or daughter of the mutawalli shall be appointed as the next mutawalli.   (3) The wakf properties and assets will be managed by the mutawalli to the best of his ability. He shall be entitled to collect rents, profits and income of the properties and assets of the wakf and give proper receipts. The rates, land revenue, taxes, and assessment and expenses for carrying out repairs in respect of the properties and assets of the wakf will be paid out of the profits and income of the properties and assets of the wakf. If the mutawalli is a minor or a person of unsound mind, his guardian appointed by the court shall manage the properties and assets of the wakf.   (4) The mutawalli shall be entitled to receive the net income of the properties and assets of the wakf, which shall be utilised by him for his maintenance and maintenance of his family and such heirs or heirs of the previous mutawalli or mutawallis in his/her discretion     (5) The mutawalli shall not have the power to sell, mortgage or otherwise alienate any of the properties and assets mentioned in the First Schedule hereto or any part thereof, except by lease for a period not exceeding five years. at a time, but he may vary or convert into cash the securities, investments and movable properties mentioned in the Second Schedule hereto. However, the mutawalli can sell, mortgage or otherwise, alienate any of the immovable properties and assets with the previous order of the court.   (6) The mutawalli shall maintain proper accounts of the income and expenditure of the properties and assets of the wakf and all surplus moneys as shall not be required for immediate use shall be deposited in a bank account. The accounts of the wakf shall be audited each year and the copy of the audited accounts and balance sheet will be submitted to the statutory authorities.   (7) On the extinction of the line of descendants of the wakif, the mutawalli shall use the income and profits of the properties and assets of the wakf for the use and benefit of the poor muslims in such manner line of as he thinks fit.   IN WITNESS WHEREOF I, the said …………..have hereunto set my hands to this writing the day and year first hereinabove written.   The First Schedule above referred to   The Second Schedule above referred to WITNESSES Signed and delivered by me, the within named 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

FORM OF MEMORANDUM OF ASSOCIATION OF NON PROFIT MAKING COMPANY   1. The name of the company is . ....................... 2. The registered office of the Company will be situated in the State of .................. 3. The objects for which the company is established are: …………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..…………..……… of all such other lawful things as are incidental or conducive to the attainment of the above objects:   Provided that the company shall not support with its funds, or end eavour to impose on, or procure to be observed by its members or others, any regulation or restriction which, if  an object of the company, would make it a Trade Union.   4. The objects of the company extend to the ………….. (here enter the name of the State or States, and country or countries).   5. (1) The income and property of the company, when so ever derived, shall be applied solely for the promotion of its objects as set forth in this Memorandum.   (2) No portion of the income or property aforesaid shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise by way of profit, to persons who, at any time are, or have been members of the company or to any one or more of them or to any persons claiming through any one or more of them.   (3) Except with the previous approval of the Central Government, no remuneration, or other benefit in money or money's worth shall be given by the company to any of its members, whether officers or servants of the company or not, except payment of out of pocket expenses, reasonable and proper interest on money lent, or reasonable and proper rent on premises let to the company.   (4) Except with the previous approval of the Central Government, no member shall be appointed to any office under the company which is remunerated by salary, fees, or in any other manner not excepted by sub clause (3).   (5) Nothing in this clause shall prevent the payment by the company in good faith of reasonable remuneration to any of its officers or servants (not being members) or to any other person (not being a member), in return for any services actually rendered to the company.   6. No alteration shall be made to this Memorandum of Association or to the Articles of Association of the company which are for the time being in force, unless the alteration has been previously submitted to and approved by the Regional Director.   7. The liability of the members is limited.   8. (For companies limited by guarantee):   Each member undertakes to contribute to the assets of the company in the event of its being wound up while he is a member or within one year afterwards, for payment of the debts or liabilities of the company contracted before he ceases to be a member and of the costs, charges and expenses of winding up, and for adjustment of the rights of the contributories among themselves such amount as may be required not exceeding a sum of Rs . ......................   (For companies limited by shares):   The share capital of the company will consist of Rs . …………..divided into ......................shares of …………..rupees each.   9. True accounts shall be kept of all sums of money received and expended by the company and the matters in respect of which such receipt and expenditure take place, and of the property, credits and liabilities of the company; and, subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed in accordance with the regulations of the company for the time being in force, the accounts shall be open to the inspection of the members. Once at least in every year, the accounts of the company shall be examined and the correctness of the balance sheet and the income and expenditure account ascertained by one or more properly qualified auditor or auditors.   10. If upon a winding up or dissolution of the company, there remains, after the satisfaction of all the debts and liabilities, any property whatsoever, the same shall not be distributed amongst the members of the company but shall be given or transferred to such other company having objects similar to the objects of this company, to be determined by the members of the company at or before the time of dissolution or in default thereof, by the High Court of Judicature that has or may acquire jurisdiction in the matter.   11. We, the several persons whose names, addresses, descriptions and occupations are hereunto subscribed are desirous of being formed into a company not for profit, in pursuance of this Memorandum of Association:   Names, addresses, descriptions and occupations of subscribers:   1. …………..…………..of…………..………….. 2. …………..…………..of…………..………….. 3. …………..…………..of…………..………….. 4. …………..…………..of…………..………….. 5. …………..…………..of…………..………….. 6. …………..…………..of…………..………….. 7. …………..…………..of…………..………….. Dated the …………..day of …………..20 …………..   Witness to the above signatures of Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)