Trade mark and copy right
Reshma
(Querist) 27 September 2014
This query is : Resolved
Hi, questions relates to Sec 45 (proviso) of Copyright Act and Rule 24(3) of the TM Rules.
1. We have some artisitic work which is included along with the source code. Now when we copyright this source code along with these artistic work, do we have to take certificate under Rule 24(3) for the artistic work included. We have no intention of using them as trade mark.
2. Does User interface / web page design get protected under source code copyright. Does UI need any other protection.
This has been causing great deal of confusion in the argument stage. Appreciate your help in this regard.
T. Kalaiselvan, Advocate
(Expert) 03 October 2014
The trade mark rule 24(3): given below suggests :
Any person may request the Registrar, in Form TM-60 to cause a search to be made and for issue of certificate under sub-section (1) of section 45 of Copyright Act, 1957 (14 of 1957) to the effect that no trade mark 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 trade mark under the Trade Marks 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 of the date of request: Provided, however, the Registrar may call for a statement of requirements from the applicant and if the requirements are not complied within two months from the date of such calling of the statement, the request in Form TM-60 may be treated as abandoned.
Thus from the provisions of law relating to the subject, it is very clear that the applicant has to obtain a certificate while the request to be given in Form TM-60. This is a mandatory requirement though you don't intend to use your artistic work.
H.M.Patnaik
(Expert) 16 February 2016
Very well replied. You can go with his advice safely.
Guest
(Expert) 16 February 2016
Rightly advised by Shri Kalaiselvan.
