82. (A) Single application.- (1) Where an application for the registration of a geographical indication for goods is made under sub-section (3)of section 11, the specification of goods contained in it shall set out the classes in consecutive numerical order beginning with the lowest number and list under each class the goods appropriate to that class. (2) If the specification of goods contained in the original application for the registration of a geographical indication lists by reference to a class or classes in the Fourth Schedule in which they do not fall, the Registrar shall require the applicant to divide the application on payment of a divisional fee in Form GI – 5 to the class or classes to which the application relates together with such class fee as may be appropriate. (3) Applications filed under sub-section 3 of section 11 when ordered to be advertised shall be published in a separate section of the Geographical Indications Journal. (4) The Registrar shall issue a single certificate of registration in respect of an application made under sub-section 3 of section11 which has proceeded to registration. (B) Divisional Application.- (1) Where an application is made in Form GI-5 under proviso to section 15 for the division of a single application, such an application shall be divided into two or more separate applications upon the payment of a division fee and such class fees as are appropriate. (2) At any time before registration an applicant may request the Registrar for a division of his application for registration (the original applications) into two or more separate applications (divisional applications), indicating for each division the specification of goods. The Registrar shall treat each divisional application as a separate application for registration with the same filing date as the original application. (3) In the case of a request to divide some, but not all, of the goods in a class, a divisional fee for separate application to be created by division shall be submitted. (4) If the request to divide does not include necessary fee or is otherwise deficient, the Registrar will notify the applicant of deficiency. The applicant must correct any such deficiency within thirty days. If the applicant fails to correct the deficiency within the time provided, the request will be considered as abandoned and the application will be proceeded further without regard to the request. (5) Where a request to divide an application is received, the Registrar shall assign an additional separate new serial number or numbers, as the case may be, and it will be cross referenced with the original application . Such additional separate application or applications shall be assigned same filing date as the original application. (6) For the removal doubt, it is clarified that no new registration is effected when a single application is divided. On the contrary, application already filed are merely separated or divided into individual files. |