145. 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-1Items 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. |