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Ashok Kumar Garg (Lawyer)     04 September 2011

Sec.297 of the companies act & trademark

Dear All,

A substantial interest holder and a Director of a Pvt. Ltd.Company (paid up capital more than1 crore)  transferred a Trademark to the Company for Rupee One only. Market value of the Trademark was about moe than a billion rupees. The director did not mind because he owned more than 90% shares of the company.

No prior approval of Central Govt. was obtained because it was thought that the "trademark" was neither "goods" nor "merchandise", and certainly not a service. Further, in effect it was as good as a gift.

Whether there is any violation of section 297 of the Companies Act. I recollect having seen an Article by Mr Ankur Garg , but now I am not able to trace that article. But that article did not have support of any judicial pronouncement.

Can anybody help me.

Ashok Garg



Learning

 6 Replies

Nagaraja B S (Corporate Commercial & IP Lawyer)     05 September 2011

 

Dear Mr. Ashok,


Please check the below link


https://www.caclubindia.com/forum/central-govt-involvement-under-section-297-49928.asp

 

Thanks

Nagaraj

IP & Business Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635 / 34

Ashok Kumar Garg (Lawyer)     06 September 2011

Sorry Mr Nagraj

The link leads to a very general reply. I am aware of them. I have asked a specific question- in substance which means that whether a Trademark is a "merchandise' or "goods" at all to attract the provisions of Proviso to section 297(1) of the companies act.

 

Thanks

Ashok Garg

 

 

sudharsan (student)     15 November 2011

Dear Mr. Garg,

Sale of trademark is akin to sale of goods, please refer this Madras High Court Judgment SPS Jayam and Company reported in (2004)3MLJ74

sudharsan (student)     15 November 2011

Dear Sir,

The judgment can also be seen by visiting the link below

https://www.indiankanoon.org/doc/691314/

Corporate Edge Solution (Finance & Legal)     28 December 2011

It attracts section 297 however as the value of transaction is below Rs. 5000, no prior approval is required in this case.

Info@CorporateEdgeSolution.com

www.CorporateEdgeSolution.com

DILIP DARJI (Service)     08 March 2013

 

Dear all

Can anyone guide me that whether assignment/transfer of Trade mark between group company attracts section 297 of the Companies Act  or not ?

Is it necessary to go for valuation at the time of transfer/assignment ?

Can we transfer the TM at any value between the group Company ?

Also whether trade mark will fall under the definition of goods or not ?

Pls guide me on the above.


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