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Bare acts > Trade and Merchandise Marks Rules, 1959 > Rule 26
 
  


 

26. APPLICATION TO BE CONFINED TO ONE CLASS ETC.-(1) Every application for the registration of a trade mark shall be in respect of goods comprised is one class only of Fourth Schedule:

Provided that if any goods are not specified in any of the classifications, in such case the classification of those goods shall be determined by the Registrar in his own discretion.

(2) In the case of an application for registration in respect of all the goods included in a class or of a large variety of goods 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.

(3) Applications for the registration of the same trade mark in different Classes shall be treated as separate and distinct applications, and in all case where a trade mark is registered under the same official number for goods in more than one class, whether on conversion of the specification under rule 105 or otherwise, the registration in respect of the goods included in each separate class shall be deemed to be a separate registration for all the purposes of the Act.

 

 

 

 

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