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Rule 23

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23. Form and signing of application.-

(1) An application for the registration of a trademark in respect of specification of goods or services shall be made in TM-A and shall be signed by the applicant or his agent.

(2) An application for the registration of a trademark, for goods or services shall–

(a) explain with sufficient precision, a description by words, of the trademark, if necessary, to determine the right of the applicant;

(b) be able to depict the graphical representation of the trademark;

(c) be considered as a three dimensional trademark only if the application contains a statement to that effect;

(d) be considered as a trademark consisting of a combination of colors only if the application contains a statement to that effect.

(3) An amendment to divide an application under proviso to section 22 shall be made in Form TM-M.

(4) An application, not being a series trademark shall be in respect of one trademark only, for as many class or classes of goods or services as may be made.

(5) 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 trademark 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 trademarks, the names of goods and services stated in the application shall, as far as may be, correspond to those given in the classification of the goods and services published by the registrar under sub-rule (2) of rule 20.

(6) Where an applicant files a single application and the Registrar determines that the goods or services applied for fall in class or classes in addition to those applied for, the applicant shall restrict the specification of goods or services to the class or classes already applied for or amend the application to add additional class or classes by filing an application on Form TM-M and by payment of the appropriate fee:

Provided that in case all the goods or services fall in a class other than the class specified, the registrar may permit the correction of class by filing the request on Form TM-M.