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PART VI

SPECIAL PROVISION FOR TEXTILE GOODS

  1. Definitions. - For the purposes of rules 146 and 147 --
    "balanced numeral" means a trade mark consisting of either identical numerals or identical letters of not less than three nor more than seven digits;
    "digit" includes a single letter;
    "letter fraction" means a fraction containing one or more letters.

  2. Rules to apply to textile marks. - Subject to the provisions of this Part, the provisions of Part I, Part II, Part III and Part VII of the rules shall apply to trade marks in respect of textile goods as they apply to trade marks in respect of non-textile goods.

  3. Textile Marks. - The expression "textile mark" means a trademark used or proposed to be used in relation to goods specified in rule 144 as "textile goods " for the purpose of Chapter X of the Act.

  4. Textile Goods. - The classes of goods in relation to trade marks to which Chapter X of the Act shall apply and which are in the Act and the rules referred to as textile goods shall be classes 22 to 27 (inclusive) of the Fourth Schedule.

  5. Application to register letters or numerals or any combination thereof in respect of items of textile goods. -

    (1) A separate application for the registration of a trade mark (other than a collective mark or a certification trade mark) shall be made in Form TM- 22 or TM-45 as the case may be, in respect of each of the items of textile goods mentioned in the Fifth Schedule where the mark consists exclusively of letters or numerals or any combination thereof.
    (2) The items of the Fifth Schedule shall be grouped as follows; and goods falling in each group shall be deemed to be goods of the same description, and goods falling in different groups shall not be deemed to be goods of the same description for the purpose of an application for the registration of trade marks consisting exclusively of letters or numerals or any combination thereof made under sub-rule(1) and proceedings relating thereto but not for any other purpose-
    Group-1-Items 1,4,5,8,9,10,11,12,16,19,20,22,23,24,25,26,27,30,33,36,37, 39,41,42,44,45,48,49,54,55,59,61,62,65 and 91.
    Group 2 - Items 2,3,14,17, 18,34,35 and 47.
    Group 3 - Items 6,7,21,38 and 52.
    Group 4 - Items 13,29,75,77 and 78.
    Group 5 - Items 15,28,31,40,60,66,79,88,90 and 93.
    Group 6 - Items 32,43,64 and 94.
    Group 7 - Items 46,83 and 85.
    Group 8 - Items 50,51,56,57,63,76,80,84,86,87 and 89.
    Group 9 - Items 53.
    Group 10 -Items 58,82 and 92.
    Group 11- Items 67,68,69,70 and 71.
    Group 12 - Items 72.
    Group 13 - Items 73.
    Group 14- Items 74.
    Group 15- Items 81.
    (3) Notwithstanding anything contained in sub-rule (2) in respect of any proceeding relating to trade marks consisting exclusively of letters, numerals or any combination thereof for the registration of which applications were made on or before the 31st July,1945, the goods falling in different items of the Fifth Schedule shall not be deemed to be goods of the same description.


  6. Non-registrability of certain marks. -

    In respect of textile goods the following marks shall not be capable of registration, namely:-
    (a) any numerals of one digit or of more than six digits not being a balanced numerals;
    (b) a single letter or any combination of letters of more than six letters, not being a balanced numeral;
    (c) any combination of numerals and letters of more than eight digits;
    (d) any fraction or letter fraction consisting of more than eight digits together;
    (e) any fraction or letter fraction having less than three digits together;
    (f) any combination of numerals, and fractions of more than six digits;
    (g) any combination of numerals, letters, fractions and letter fractions either having more than eight digits or ending with a fraction of more than one digit in the numerator or in the denominator;
    (h) numerals or letters representing cloth dimensions;
    (i) a balanced numeral which does not consist of at least two more or two less digits than a balanced numeral of the same series already registered in the name of a different person, in respect of the same goods or description of goods.


  7. Marks likely to deceive or cause confusion. -

    (1) A trade mark consisting of numerals, letters, fractions, letter fractions or any combination thereof, and not being a balanced numeral shall not be capable of being registered as a textile mark if it does not differ from a trade mark registered in the name of a different person in respect of the same goods or description of goods-
    a) in the case of a numeral not exceeding four digits, in at least one corresponding digit;
    b) in the case of a numeral of five digits, in at least two corresponding digits;
    c) in the case of a numeral of six digits, in at least three corresponding digits;
    d) in the case of a combination of two letters, in at least one corresponding letter;
    e) in the case of a combination of three or four letters, in at least two corresponding letters;
    f) in the case of a combination of five or six letters, in at least three corresponding letters;
    g) in the case of a mark consisting of one letter and one numeral digit, in at least one of them;
    h) in the case of a mark consisting of one letter and two or three numeral digits, in at least one corresponding numeral digit;
    i) in the case of a mark consisting of one letter and four or more numeral digits, in at least two corresponding digits;
    j) in the case of a mark consisting of two or more letters and one or more numeral digits, in at least one corresponding letter and one corresponding numeral digit;
    k) in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is three or four, in at least one corresponding digit from either the numerator or the denominator
    l) in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is five or more, in at least one corresponding digit in the numerator and one corresponding digit in the denominator or two corresponding digits in either the numerator or the denominator
    m) in the case of a combination consisting of a numeral and a fraction in at least one corresponding numeral digit;
    n) in the case of a combination of letters, numerals and fractions (including letter fractions)-
    (i) where the total number of digits excluding the fraction is not more than three in at least one corresponding digit;
    (ii) where the total number of digits, excluding the fraction, is four or more, in at least two corresponding digits.
    (2) Nothing in sub-rule (1) shall be construed to signify that where a trade mark does not come within the scope of any case specified in the said sub rule, the mark shall necessarily be registered as not being likely to deceive or to cause confusion.


PART I


CHAPTER 1 - PRELIMINARY

CHAPTER II - PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION

CHAPTER III - RENEWAL OF REGISTRATION AND RESTORATION

CHAPTER IV - ASSIGNMENT AND TRANSMISSION

CHAPTER V - REGISTERED USERS

CHAPTER VI - RECTIFICATION AND CORRECTION OF REGISTER
ALTERATION OR RECTIFICATION OF REGISTER


CHAPTER VII - MISCELLANEOUS

PART II


SPECIAL PROVISIONS FOR COLLECTIVE MARKS

PART III


SPECIAL PROVISIONS FOR CERTIFICATION TRADE MARKS

PART IV


SPECIAL PROVISION FOR TEXTILE GOODS

PART V


REGISTRATION OF TRADE MARKS AGENTS

PART VI


PROVISIONS RELATING TO TESTING AND MARKING OF PIECE-GOODS AND YARN

PART VII


REPEAL


FORM TM-1

FORM TM-2

FORM TM-3

FORM TM-4

FORM TM-5

FORM TM-6

FORM TM-7

FORM TM-8

FORM TM-9

FORM TM-10

FORM TM-12

FORM TM-13

FORM TM-14

FORM TM-15

FORM TM-16

FORM TM-17

FORM TM-18

FORM TM-19

FORM TM-20


FORM TM-21

FORM TM-22

FORM TM-23

FORM TM-24

FORM TM-25

FORM TM-26

FORM TM-27

FORM TM-28

FORM TM-29

FORM TM-30

FORM TM-31

FORM TM-32

FORM TM-33

FORM TM-34

FORM TM-35

FORM TM-36

FORM TM-37

FORM TM-38

FORM TM-39

FORM TM-40


FORM TM-41

FORM TM-42

FORM TM-43

FORM TM-44

FORM TM-45

FORM TM-46

FORM TM-47

FORM TM-48

FORM TM-49

FORM TM-50

FORM TM-51

FORM TM-52

FORM TM-53

FORM TM-54

FORM TM-55

FORM TM-56

FORM TM-57

FORM TM-58

FORM TM-59


FORM TM-60

FORM TM-61

FORM TM-62

FORM TM-63

FORM TM-64

FORM TM-65

FORM TM-66

FORM TM-67

FORM TM-68

FORM TM-69

FORM TM-70

FORM TM-71

FORM TM-72

FORM TM-73

FORM TM-74

FORM TM-75

FORM TMA-1

FORM TMA-2

FORM TMA-3


THE THIRD SCHEDULE


FORM 0-1

FORM 0-2

FORM 0-3

FORM 0-4

THE FOURTH SCHEDULE


Classification of goods and services - Name of the classes

THE FIFTH SCHEDULE


List of items of textile goods referred to in rule 145

THE SIXTH SCHEDULE


Scale of costs allowable in Rule 114 proceedings before the Registrar

PART VIII


Language of the Trade Marks Registry

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