.-(1) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent.(2)An application to register a trade mark for a specification of goods or services included in any one class shall be made in Form TM-1.(3)An application to register a trade mark under sub-section (2) of section 154 for a specification of goods or services included in any one class from a convention country shall be made in Form TM-2.(4)A single application for the registration of a trade mark for different classes of goods or services from convention country under sub-section (2) of section 154 shall be made in Form TM-52.(5)[***] [Omitted by Notification No. G.S.R. 21 (E) dated 14.1.2013 (w.e.f. 26.2.2002)](6)[***] [Omitted by Notification No. G.S.R. 21 (E) dated 14.1.2013 (w.e.f. 26.2.2002)](7)(a)An application under section 63(1) to register a collective trade mark for a specification goods or services in any one class shall be made in Form TM-3.(b)An application under section 63(1) to register a collective trade mark for a specification of goods or services in any one class from a convention country under sub-section (2)of section 154 shall be made in Form TM-64.(8)(a)An application under section 71 to register a certification trade mark for a specification of goods or services included in any one class shall be made in Form TM-4.(b)An application under section 71 to register a certification trade mark for a specification of goods or services in any one class from a convention country under sub-section (2) of section 154 shall be made in Form TM-65.(9)A single application for the registration of a trade mark for different classes of goods or services shall be made in Form TM-51.(10)An application to register a series trade marks under section 15 for a specification of goods or services included in a class or for different classes shall be made in Form TM-8.(11)An application to register a series trade mark under section 15 for a specification of goods or services included in a class or for different classes from a convention country under sub-section (2) of section 154 shall be made in Form TM-37.(12)An application for registration of a trade mark for goods or services shall-(a)explain with sufficient precision, a description by words, of the trade mark if necessary, to determine the right of the applicant;(b)be able to depict the graphical representation of the trade mark;(c)be considered as a three dimensional trade mark only if the application contains a statement to that effect;(d)be considered as a trade mark consisting of a combination of colours only if the application contains a statement to that effect;(13)An amendment to divide an application under proviso to section 22 shall be made in Form TM-53.(14)An application, not being a series trade mark shall be in respect of one trade mark only for as many class or classes of goods or services as may be made.(15)In the case of an application for registration in respect of all the goods or services included in a class or of a large variety of goods or services in a class, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the mark which the applicant has made or intends to make if and when it is registered.[Provided that while making an application for registration of a trade mark the names of goods and services stated in the application shall as far as may be, correspond to those given in the classification of goods and services published by Registrar under sub-rule (2) of rule 22.] [Inserted by Notification No. G.S.R. 21 (E) dated 14.1.2013 (w.e.f. 26.2.2002)](16)The specification of goods or services shall not ordinarily exceed five hundred characters for each class. An excess space fee as prescribed in the First Schedule is payable with each application in Form TM-61.(17)A single application for the registration of a collective mark-(a)in different classes shall be made in Form TM-66;(b)in different classes from a convention country shall be made in Form TM-67.(18)A single application for the registration of certification trade mark-(a)in different classes shall be made in Form TM-68;(b)in different classes from a convention country shall be made in Form TM-69.(19)Where an applicant files a single application for more classes than one and the Registrar determines that the goods or services applied for fall in class or classes in addition to those applied for, the applicant may restrict the specification of goods or services to the class applied for or amend the application to add additional class or classes or payment of the appropriate class fee and the divisional fee. The new class created through a division retains the benefit of the original filing date or in the case of an application from a convention country the convention application date under sub-section (2) of section 154 provided the claim was otherwise properly asserted in the initial application.
