23. Form and signing of application.- (1) Every application for the registration of a geographical indication shall be made in the prescribed form and shall be signed by the applicant or his agent and must be made in triplicate alongwith three copies of a Statement of Case. (2) An application to register a geographical indication for a specification of goods included in any one class shall be made in Form GI-1; (3) An application to register a geographical indication under section 84(1) for a specification of goods included in any one class from a convention country shall be made in Form GI- 1;. (4) A single application for the registration of a geographical indication for different classes of goods from a convention country under section 84(1) shall be made in Form GI-1; (5) A single application for the registration of a geographical indications for different classes of goods shall be made in Form GI-1; (6) Every application for the registration of a geographical indication for goods must satisfy the following conditions: (a) The geographical indication must be defined with sufficient precision so that the right to obtain relief in respect of infringement of geographical indication can be determined; (b) The graphical representation must be able to stand in place of the geographical indication without the need for supporting samples; (c) It must be reasonably practicable for persons inspecting the Register or reading the Geographical Indications Journals to understand from the graphical representation what the geographical indications is (d) An application for the registration of a three dimensional geographical indication shall not be acted upon as such unless the application for registration contains a statement to that effect; (e) Where a colour combination is claimed as an element of a geographical indication in an application for the registration, it shall not be acted upon as such unless the application contains a statement to that effect and specifies the colours; (7) An amendment to divide an application under proviso to section 15 shall be made in Form GI-5; (8) Every application shall be in respect of one geographical indications only for as many class or classes of goods as may be made. (9) The Registrar may require a more concise description of a geographical indications if relates to colour combination, a three-dimensional geographical indication, design which are symbols of definite concepts, a configuration of goods or packaging to evaluate the substantive rights in the geographical indications. (10) Where an applicant files a single application for one or more classes and the Registrar determines that the goods applied for fall in class or classes in addition to those applied for, the applicant may restrict the specification of goods 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 original filing date or in the case of an application from a convention country, the convention application date under sub-section (1) of section 84 provided the claim was otherwise properly asserted in the original application. | 