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Transfer of Trade Mark,

(Querist) 24 June 2008 This query is : Resolved 
We are in the process of changing our constitution from a Proprietorship to a Private Limited Company. There are Two registered trade marks owned by the proprietor, who is also going to be the CMD of the proposed company. Can you please advise the procedure to be followed to affect the transfer?
arunprakaash.m. (Expert) 25 June 2008
Company law permits certain partnership into pvt ltd company if the partnership alredy established standing in its business.Regarding trade mark it can be assigned.
Manish Singh (Expert) 25 June 2008
You need to make assignmnment deed assigning th trade marks in favour of the company which must be registered with the registrar.
ANAND SUMAN (Expert) 06 August 2008
there are two options available to you.

1. You can assign your trade marks to the newly established private limited company.

2. You can file application for amendment of registered proprietor name before the Trade Mark office.

In case of further query, feel free to contact.

ANAND SUMAN
Advocate & Trade Mark Attorney
(Founder Director)
ANAND LEGAL SOLUTION
E- 42 B, Third Floor
Jawahar Park, Khanpur
New Delhi- 110062

Mob. 9958330546
E-mail: anandlegalsolution@gmail.com
advocateanandsuman@hotmail.com
ARVIND JAIN (Expert) 20 September 2008
YOU HAVE ONLY ONE BEST OPTION TO ASSIGN THE RIGHTS TO PVT LTD COMPANY AND GET IT TRANFERRED.
Adv.Shine Thomas (Expert) 15 October 2008
Yes,you can make an assignment deed infavour of the company to assign the trademark.According to sec.43 of the Trademarks Act,it can be done only with the consent of the Registrar and he should be satisfied that(sec.46) the company is about to be formed and registered under the Companies Act.


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