Request for a Search and Certificate (Form TM-C) (India)
This is a standard application form used in India to request a search and certificate from the Trade Marks Registry. It is specifically designed to comply with section 45(1) of the Copyright Act, 1957, ensuring that a proposed trademark does not conflict with existing artistic works.
FORM TM-C
The Trade Marks Act, 1999 Application for Search and certificate under section 45(1) of the Copyright Act, 1957 [The relevant information must be filled up in coloured box against the respective head]
1 | APPLICANT | |
FEE: | (See First Schedule for Appropriate Fee) | |
Name:* | ||
trading as: | ||
Address:* | ||
(State) (Country) | ||
[ This address should be the address of the applicant's principal place of business in India] | ||
Address for service: | ||
(State) (Country) | ||
[(a) Unless otherwise specifically stated, the applicant's address shall be the address for service of the applicant who has principal place of business in India. (b) The address for service in India must be provided, in case the applicant does not carry business in India] | ||
Mobile No : | ||
**E-mail address: *** | ||
Nature of the applicant | ||
[The applicant must choose either of the following categories- 1. Natural person-Single Proprietor, 2. Natural person-Partnership Firm, 3. Body-incorporate including Private Limited/limited Company, 4. Limited Liability Partnership, 5. Society 6. Trust 7. Government Department 8. Statutory Organization. 9. any other] | ||
2 | APPLICANT'S AGENT (if any) | |
Name: | ||
address | ||
Mobile No : | ||
E-mail address: | ||
Nature of the Agent | ||
[The applicant must choose either of the following categories- 1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney] | ||
Registration No | ||
[In case of authorisation of agent, the address of the agent may be mentioned as the applicant's address for service] | ||
3 | Expedited (Y/N) | |
space of label/image | ||
4 | DETAIL OF THE PERSON SUBMITTING THE APPLICATION | |
Signature | ||
Name | ||
Authority | ||
5 | DETAILS OF DOCUMENTS ATTACHED |
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About this template
What is this template?
Form TM-C is a statutory filing used in India to obtain an official search report and certificate from the Trade Marks Registry. It is not a trade mark application, but a preliminary step to assess whether a proposed mark conflicts with existing registrations. It contains specific fields for the class of goods and the representation of the mark.
When should you use it?
Use this form when you need an official certificate from the Indian Registrar regarding the distinctiveness or availability of a mark. Use Form TM-A instead if you are ready to file a formal application for registration of a trade mark.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Section 1 | Particulars of the Mark | The applicant provides a representation of the mark and specifies the relevant goods or services classes under the Indian Trade Marks Act. |
| Section 2 | Request for Certificate | The applicant requests the Registrar to issue a certificate regarding marks on record that resemble the proposed mark. |
| Final Paragraph | Declaration | The signatory confirms the truth of the statements made in the form and assumes legal responsibility for the accuracy of the filing. |
Who it's for
- a brand owner conducting a preliminary search for trade mark availability in India
- an attorney filing a request for a certified search report from the Registrar
How long it runs and how it's signed
Law it's drafted under
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