According to Indian Copyright Act any artistic work which is used or is capable of being used in relation to any goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trademarks referred to in section 4 of the Trade and Merchandise Marks Act,1958(43 of 1958), to the effect that no trademark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.
Copyright Trademark Registration
Any person may request the Registrar , in Form TM-60 to cause a search to be made and for issue of certificate under section 1 of section 45 of the Copyright Act,1957(14 of 1957) to the effect that no trademark identical with or deceptively similar to such artistic work, as sought to be registered as copyright under the Copyright Act,1957(14 of 1957) has been registered as a trademark under the Trademarks Act,1999(47 of 1999) in the name of , or that no application has been made under that Act for such re-registration by any person other than the applicant. The certificate shall ordinarily be issued within thirty working days from the date of request. Thus it is very necessary to take all this points under consideration when the copyright of art or skill in question is capable of being used in relation to goods.
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