.-(1) In these rules, unless the context otherwise requires,-(a)"Act" means the Trade Marks Act, 1999 (47of1999);(b)"agent" means a person authorised to act under section 145 of the Act;(c)"application for registration of a trade mark" includes the trade mark for goods or services contained in it;(d)"appropriate office of the Trade Marks Registry" means the relevant office of the Trade Marks Registry as specified in rule 4;(e)"class fee" means the fee prescribed for the filing of an application for registration of a trade mark in a particular class;(f)"convention country" means a country or group of countries or union of countries or Inter-Governmental organisations of countries declared as such under sub-section (1) of section 154;(g)"convention application" means an application for registration of a trade mark made by virtue of section 154;(h)"divisional application" means-(i)an application containing a request for the division of goods or services in a class for the registration of a trade mark; or(ii)a divided application made by the division of a single application for the registration of a trade mark for separate classes of goods or services;(i)"divisional fee" means fee prescribed against entry number 68 in the First Schedule;(j)"Form" means a form set forth in either the Second or the Third Schedule;(k)"graphical representation" means the representation of a trade mark for goods or services in paper form;(l)"Journal" means the Trade Marks Journal referred to in rule 43;(m)"notified date" means the date on which these rules come into force;(n)"old law" means the Trade and Merchandise Marks Act, 1958 and rules made thereunder existing immediately before the commencement of the Act;(o)"opposition" means an opposition to the registration of a trade mark or a collective mark or a certification trade mark, as the case may be;(p)"principal place of business of India" means the relevant place of business in India as specified in rule 3;(q)" publish" means publish in the Trade Marks Journal;(r)"registered trade mark agent" means a trade marks agent whose name is actually on the register of trade marks agents maintained under rule 148;(s)"renewal" means and includes renewal of a trade mark, or a certification trade mark or collective mark, as the case may be;(t)"Schedule" means a Schedule to these rules;(u)"section" means a section of the Act;(v)"specification" means the designation of goods or services in respect of which a trade mark or a registered user of a trade mark is registered or proposed to be registered;(w)All other words and expressions used but not defined in these rules but defined in the Act or in the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), the Copyright Act, 1957 (14 of 1957) shall have the meanings respectively assigned to them in those Acts.(2)In these rules, except as otherwise indicated, a reference to a section is a reference to that section in the Act, a reference to a rule is a reference to that rule in these rules, a reference to a Schedule is a reference to that Schedule to these rules and a reference to a Form is a reference to that Form contained in the Second Schedule or the Third Schedule, as the case may be, to these rules.
