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[S~bsid1ary]
shall be made in form TM 2; fora certification or a defensive trade
mark the application shall be made in form TM 5 or form TM 31
respectively; and each application shall be for registration in respect
of goods in one class only of the Third Schedule.
(2) Every application claiming priority under section 67 of the
Act shall state the date of the application in the United King
dom or foreign state, and the applicant shall furnish a certificate by
the registrar or other registering authority of that country, or shall
otherwise verify the application made or deemed to have been made
therein to the satisfaction of the Registrar.
(3) 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, 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 it is registered.
Represen ta tion
of mark.
22. (1) Every application for the.registration of a trade mark shall
contain a representation of the mark in the space provided on the
application form for that purpose.
(2) Where the representation exceeds the space in size) the repre
sentation shall be mounted upon linen, tracing cloth or such other
material as the Registrar may consider suitable; part of the mounting
shall be affixed in the space and the rest may be folded.
Additional.
forms and
representations.
23. There shall be sent with every application for registration of
a trade mark at least four additional representations of the mark ·in
form TM 3 exactly corresponding to that affixed to the application
form and noted with all such particulars as may from time to time
be required by the Registrar; and those particulars shall, if required,
be signed by the applicant or his agent.
Representations
to be durable.
24. All representations of marks shall be of a durable nature, but
the applicant may in case of need supply, in place of representations
iri form TM J, representations on sheets of strong paper of the size
prescribed in rule 9 and noted.
Separate
applications.
25. Applications for the registration of the same mark in different
classes shall be treated as separate. and distinct applications, and in all
cases where a trade mark is registered under the same official number
for goods in more than one. class, whether on con version of the speci
fication under rule 6 or otherwise, the registration in respect of the
goods dncluded in each separate class shall be deemed to be a separate
registration for all the purposes of the Act.
Representations
to be
satisfactory.
26. The Registrar, if dissatisfied with any representation of a mark,
may at any time require another representation satisfactory to him to
be 'submitted before proceeding with. the application.
Specimens of
trade marks in
exceptional
cases.
27. (1) Where a drawing or other representation or specimen
cannot be given as prescribed in these Rilles, a specimen or copy of
the trade mark may be sent either of. ~u11 size or on a reduced scale,
and in such form as the Registrar may think most convenient.
(2) The 'Registrar may also, in exceptional' cases, deposit in the
office a specimen or copy .of any trade mark which cannot con
veniently be shown by a representation, and may refer thereto in the
register in such manneras he may think fit.'
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