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DEED OF ASSIGNMENT OF TRADEMARK

This Deed of Assignment is made at Delhi and effective this, 5th Day of May, 2020

BETWEEN: BARBEQUE Nation, a Private Limited Company registered under the


Companies Act, 2013, having its registered office at T Nagar, Chennai and
hereinafter called “the Assignor”) of the first part

AND: CREAM and BARBEQUE a Private Limited Company registered under the
Companies Act, 2013, having its registered office at tabs complex, Cantonment,
Trichy – 620001 (hereinafter called “the Assignee”) of the other part.

In this deed, both Assignor and Assignee would be herein after referring as Parties to the
Deed of Assignment of Trademark.

WHEREAS the Assignor is the Proprietor of the trademark as per Exhibit A attached hereto
and incorporated by reference herein.

WHEREAS it has been agreed between the Parties that the Assignor shall assign unto the
Assignee trademarks, where the Assignor is the lawful proprietor; the details of the same are
attached herewith as Exhibit B.

WHEREAS the ASSIGNOR is the lawful owner having all the rights, titles and interests in
and to the said Trademarks. Moreover, the ASSIGNOR has full right, absolute power and
lawful authority to sell, assign and convey the same in the manner herein set forth

WHEREAS the ASSIGNOR has agreed to assign the full rights, titles and interests to the
ASSIGNEE in respect of the said Trademark and the same has been accepted by ASSIGNEE
hereby.

NOW, therefore this deed witnesses the following terms and conditions:
1. Consideration: For a consideration of the sum of Rs. 2,00,000/- ( Rupees two Lakhs)
and holding of 20% of share in the profit occur on yearly basis from product sold (as a
royalty of Trademark), the receipt, adequacy and sufficiency whereof the Assignor hereby
acknowledge, the ASSIGNOR, as Owner of the said Trademarks, HEREBY Conveys,
Transfers, Assigns and Delivers unto the Assignee all rights, title and interest in and to the
said Trademark Without Goodwill of the product already being sold by Assignee in their
trademark and all intellectual property rights excluding copyrights in the artistic works of all
the labels of the ASSIGNOR’S proprietorship in the goods in respect of which said
Trademark are registered rather than these same rights over the new product of Assignee TO
HOLD onto the ASSIGNEE absolutely.

2. Intellectual Property Rights: For purposes of this agreement, “Intellectual Property


Rights” means any and all which are
(i) copyrights and other rights associated with works of authorship throughout the world,
including neighboring rights, moral rights, and mask works,
(ii) trademark, trade names, Internet domain names, and registrations and applications for the
registration thereof without of the goodwill associated therewith,
(iii) all other intellectual and industrial property rights of every kind and nature throughout
the world and however designated, whether arising by operation of law, contract, license, or
otherwise, and
(vi) all registrations, applications, renewals, extensions, continuations, divisions, or reissues
thereof now or hereafter in effect.

3. Rights of the Assignee: ASSIGNEE may entitled to file any application or take any other
actions or to make any amendment or connection as necessary in respect of the said
Trademark with prior acknowledgement to the ASSIGNOR, final decision in relation to filing
of any application or take any other actions or to make any amendment or connection is upto
the ASSIGNOR.
4. Duties of the Assignor: WHEREAS, the ASSIGNOR do hereby covenant and agree to do
all lawful acts and things and make, execute and deliver, any and all other instruments in
writing, and all papers and necessary documents, take all other actions that may be necessary
for securing, completing, or vesting in the ASSIGNEE full rights, title and interest in respect
of the said Trademark without Goodwill. Moreover, the ASSIGNOR hereby agrees to sign
on any documents and papers in respect of the said Trademarks that may be required by the
ASSIGNEE.

5. Enforceability: The provisions of this Deed shall be enforceable notwithstanding the


existence of any claim or cause of action of the Party to the First Part against the Party to the
Second Part whether predicted on this Deed or otherwise.

6. Resolution of Dispute: WHEREAS, any dispute arise in the course of this Deed between
the parties or any dispute arise in relation to any provision, scope, validity or termination of
this agreement, the same shall be addressed or referred to the Arbitration. The proceedings of
Arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996
for the time being in force or any other statutory modification or re-enactment thereof. The
Seat of Arbitration will be Chennai.

7. Severability: This Deed is severable, which means any term in this Deed that has been
defined as unlawful or unenforceable shall not affect the validity and enforceability of any
other terms in this Deed.

8. Entire Deed: This Deed contains the entire Deed of the Parties to the subject matter hereof
and supersede all previous understandings or arrangements between the Parties.

9. Modification: This Deed may be modified only by an instrument in writing signed by both
the Parties hereto.

10. Governing Law & Jurisdiction: This Deed shall be governed and construed in
accordance with the laws of India, and any disputes therein shall be subject to the Jurisdiction
of court of Chennai
11. Notice: Any notice to be given under this Deed shall be sufficient if it is in writing and is
sent by certified or registered post to Party to the First Part at his registered office.

IN WITNESS WHEREOF, the Parties hereto have executed this Deed as of the day, month
and year first above mentioned.

For & On behalf of BARBEQUE NATION (ASSIGNOR)

For & On behalf of CREAM AND BARBEQUE (ASSIGNEE)

Witness:-
1)XYZ. 2)MNO
S/o Mr. ABC S/o Mr JKL
Age: 40 years Age: 38 years
Add: near The Grand sweets, T nagar. Add: near Cantonment, Trichy
Occ: Business Executive Head of Occ.: Business Executive Head of

BARBEQUE NATION Pvt. Ltd. CREAM AND BARBEQUE Pvt. Ltd.


Exhibit A

S. No. : 1

Brand Name: BARBEQUE

Application Number: 54321/09

Class Number: ABC/87/65

Current Status: Registered Trademark


Exhibit B
(FORM TM-23)
THE TRADE MARKS ACT, 1999

Agents Code No: PQR/06/20


Proprietor s Code No: MNO/07/20

Fee: 7,500/- entries No.27 and 28 of the First Schedule

Joint request by registered proprietor and transferee to register the transferee as


subsequent proprietor of trade marks upon the same devolution of title.
Section 45, rule 68.

We, BARBEQUE NATION Pvt. Ltd. And CREAM AND BARBEQUE Pvt. Ltd. hereby request,
under rule 68, that the name of BARBEQUE NATION Pvt. Ltd. carrying on business as
Manufacture of fried chicken at Chennai may be entered in the Register of Trade Marks as proprietor
of the trade mark No 54321/09 in Class ABC/87/65 as from the trademark by virtue of Registered
Trademark of which the original and an attested copy are enclosed herewith. The assignment of the
trade mark was not made otherwise than in connection with the goodwill of the business in which the
mark had been used and there is sent herewith copy of the Registrar's direction to advertise the
assignment, a copy of each of the advertisements, complying therewith, and a statement of the dates of
issue of any publications containing them.
We declare that the facts and matters stated herein are true to the best of our knowledge, information
and belief.
All communications relating to this application may be sent to the following address in Tamilnadu,
India:-

Dated this 5th day of May, 2020

SIGNATURE OF ASSIGNOR: ASD as CEO of BARBEQUE NATION Pvt. Ltd.


SIGNATURE OF ASSIGNEE: AWD as CEO of CREAM AND BARBEQUE Pvt. Ltd.
(NAME OF SIGNATORIES IN LETTERS)
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at Chennai
1. BARBEQUE NATION Pvt. Ltd., Reg. office at Chennai, Tamilnadu, India.
2. CREAM AND BARBEQUE Pvt. Ltd., Reg. office at Trichy, Tamilnadu, India.
3. CREAM AND BARBEQUE Pvt. Ltd.,
4. Manufacturing business of Fried Chicken
5. Address of the principal place of business in India is Trichy, Tamilnadu, India.
6. Date of acquisition of proprietorship: Nil
8. Full particulars of the instrument of assignment or transmission of Registered Trademark
without Goodwill.
9. Strike out any words not applicable: Nil
10. Signature of assignor or transmitter: ASD as CEO of BARBEQUE NATION Pvt. Ltd.
11. Signature of transferee: AWD as CEO of CREAM AND BARBEQUE Pvt. Ltd
12. The place of the appropriate office of the Trade Marks Registry, Chennai.

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