25. Form and signing of application.- (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) An application to register a textile trade mark(other than a collective mark or a certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 shall be made in Form TM-22. (6) An application to register of a textile mark (other than a collective mark or a certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 from a convention country under sub-section (2) of section 154 shall be made in Form TM-45. (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 from a convention country under sub-section (2) of Section154 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 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) Not be acted upon which consists of a three dimensional mark unless it contains a statement to that effect; (d) Not be acted upon which consists of a colour combination is claimed as an element of a trade mark unless it contains a statement to that effect and specifies the colours. (13) An amendment to divide an application under proviso to section 22 shall be made in Form TM-53. (14) An application 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. (16) The specification of goods or services shall not ordinarily exceed five hundred characters. An excess space fee as prescribed in the First Schedule is payable with each application in Form TM-61. (17) (a) A single application for the registration of a collective mark in different classes shall be made in Form TM-66 (b) A single application for the registration of a collective mark in different classes from a convention country shall be made in Form TM-67. (18) (a) A single application for the registration of certification trade mark in different classes shall be made in Form TM-68. (b) A single application for the registration of a certification trade mark 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 on 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. | 