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Abhijeet Kulkarni (BD)     27 December 2012

Tm 60

Hello,

one f my friend is a manufacturer and has applied for Trademark now he wants to register his logo. but i heard manufacturers cannot apply directly he needs to first apply for TM 60. Please let us knw the process of TM 60 and also how to track TM 60 if we file without the help of a lawyer. Please help us

Regards



 11 Replies

Rajesh Hazra (Mediator Mediation Counsel)     28 December 2012

It is not a must that you have to file TM 60 always as that is to ascertain whether any trade marks are on record which resemble the art ist ic work. You may proceed to file directly after a formal search by an Advocate.

Abhijeet Kulkarni (BD)     29 December 2012

Dear Sir,

Thank your for your response. Please prvide me your email address and contact number so that i can contact you directly on this matter.

Regards 

Rushit Sheth (Advocate)     31 December 2012

You question is a bit confusing. Does your friend desire to obtain copyrights of the trademark that he has applied for or are you talking about a different application altogether?

If your friend desires to get the copyrights of the trademark that he has already applied for only then would he have to file the TM-60. TM-60 is the form that is filed when you require a certificate from the Trademarks Registry  for acquiring the copyrights of a trademark u/s. 45 of the Copyrights Act.

In any other case the filing of TM-60 is not required.

Zafarullakhan M. Pathan (Advocate & Trademarks Attorney)     01 January 2013

Hello,

Filing form TM-60 is only for the purpose to obtain search report from the Trademarks Registry before filling an application for registration of Copyright for your logo.  If you want to get your logo (if it is in artistic work) being registered as Copyright then first you must have to file TM-1 for registration of trade mark and afterwords you have to file TM-60 and on obtaining clearance certificate from Trademarks Registry, you can file application for registration of Copyright before the Registrar of Copyright. 

Chirag Bhatt (Lawyer Gujarat High Court)     01 January 2013

Dear Mr. Mahajan,

Form TM- 60, (the request for search of a trademark (Rule 32, and Rule 24(1) and (2)) is omitted as per the laterst amendment.

Rule 32 deals with request for search of a company name; and Rule 24 (1) and (2) deal with requests to the Registrar for a search, and related procedures.

rushitsheth (Lawyer)     01 January 2013

Mr Bhatt, I believe the application for search was supposed to be made on TM-54 and not TM-60. TM-60 has not been omitted. Kindly verify.

Regards,

Rush*t Sheth.

Chirag Bhatt (Lawyer Gujarat High Court)     01 January 2013

Ya ya true my typing mistake. thank you

Chirag Bhatt (Lawyer Gujarat High Court)     01 January 2013

As per Rule 24 (3)  of the Trade Marks Rules ,2002 , You may request the Registrar in Form 60 for issue of certificate under sub section 1 of section 45 of the copy right Act 1957 to the effect that no trade mark identical with or deceptively similar to such artistic work which is sought to be reigstered as copyright under copy right Act, has been registered as a trade mark under the Trade Marks Act 1999 in the name of or that no application has been made under that Act for such re-reigstration by any person other than the applicant.

subramanian (consultant)     05 January 2013

It is always better to protect an artistis work both under trademark and coptright.Your friend has already applied for trademark.For applying for copyright you need to file TM 60 to trademarks regigtry and get a certifiate from them that no trademark identical with or deceptively similar to such artistic has been applied for or registered in the trademarks registry.It is not neccessary to appoint a trademark attorney.The office takes up up TM 60 as per the filing date and sends the report to the applicant.They may refer to your trademark application while sending the report which would facilitate in your copyright application

T.R.Subramanian

Arpit Jain   22 July 2015

hi i need some help regarding Tm-60

1.if i apply TM-60 on behalf of my client do i need to furnish Poa for that?

2. Can i submit the Tm-60 form by offline mode that is my visting the trademark office?

 

 

Kapila Tanwar   05 September 2017

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

  • Details of the Applicant

(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.


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