Kindly give me your suggestion
Suresh
(Querist) 04 March 2009
This query is : Resolved
X is the manufacturer and Y is one of his distributors. Owing to payment issue X assigns his trademark to Y to settle his payment on 2006. Y has also filed the T.M.16 and T.M. 24 before the Trademark Registry for the recordal change proprietorship. Later Y came to know that X has again assigned the same trademark to another distributor “Z” on 2008 to settle the payment.
The assignment made on 2006 to Y was on stamp papers, whereas the assignment made on 2008 to Z was on white papers. But in the affidavit before the Trademark registry X has mentioned that Y has fraudulently obtained the assignment without his knowledge, hence the said assignment would not withstand and only the assignment made to Y is valid.
Other facts:
X has also defrauded another distributor, and C.P has been filed for liquidation of assets of X’s Company and the said suit is pending before the court.
So, my query is
Can X revoke his assignment by way of affidavit filed before the Trademark Registry?
Whether the later assignment to Z is valid?
What remedy available to “Z” against of X?
Can Y file suit against X for making such affidavit before the Trademark Registry?
Your Valuable opinion is much awaited
Thanks and regards
Suresh
Manish Singh
(Expert) 04 March 2009
whether x can revoke the assignment given to y or not depends upon the assignment deed and clauses mentioned therein. for what period of term the assignment was given?
bt by simply producing an affidavit on this behalf that x has defrauded y could not be termed as revocation since all the assignment deeds must be carefully examined before taking any such decision.
y can ytake action against x under IPC.
if the assignment made to y was lawful then the subsequent assignment shall be void.
z can claim damages or can go for cheatinng against x.
Suresh
(Querist) 07 March 2009
Thank you Manish Sir.
Hiralal Das
(Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
