What is the purpose of a Trademark Search Certificate (TM-C)?
A TM-C application is filed when an individual or business seeks a Search Certificate under Rules 22(1) and 22(3) of the Trademark Rules, 2017. This certificate is crucial when applying for copyright protection for an artistic work, ensuring that it does not infringe on any existing registered trademarks.
Once the application is submitted, the Trademark Registry conducts a thorough search in its records to determine whether a similar or identical work has already been registered. If no conflicting trademarks are found, a Search Certificate—also referred to as a Trademark NOC—is issued. This document confirms that the artistic work in question is not deceptively similar to any existing trademarks and that no pending applications exist for the same or similar artistic work.
Obtaining a TM-C certificate is particularly important when an artistic work is intended for commercial use, such as logos, product packaging, or brand identity. It helps avoid potential legal disputes and strengthens the copyright registration process by demonstrating that the work does not violate trademark laws.