The previous trademark rules provided for a humongous number of 74 forms, one for each type of application. The Trademark Rules 2017 bring this number down to a paltry 8. Now form TM-C stands for Copyright Search Certificate instead of form TM-60.
The purpose of form TM-C is requesting for search and issuance of certificate under rules 24(3) and 32. An application has been made in form TM-C with registrar requested to search and ascertain whether any trademark is on record which resembles the artistic work and issuance of certificate under rule 24(3). This form can be filed by the Proprietor itself, but in the case of critical, cases it is recommended to hire an Attorney who files it on behalf of the proprietor. Any agent also can file a TM-C form on behalf of the owner of the trademark. TM-C is not required to be notarized by any proprietor or owner who is of Indian National. However, any NRI or Foreigner who applies for Trademark registration needs to get the form notarized by designated officials.
Contents of Form TM-C
(Including fee, address for service, e-mail address, nature of the applicant)
- Details of Applicant’s Agent
(Including nature of the agent, registration number, e-mail address)
- Expedited (Y/N) and space of label/image
- Details of the person submitting the application
- Details of the documents attached
Due date for filing form TM-C
There are as such no deadlines for TM-C while registering the trademark. There are no such penalties also for non-filing of the form TM-C as it is not a mandatory form.