(1) A person may apply, in the prescribed form, for the registration of a trade mark in respect of goods or services or both if—
(a) the person claims to be the owner of the trade mark; and
(b) one of the following applies—
(i) the person is using or intends to use the trade mark in relation to the goods or services or both,
(ii) the person has authorised or intends to authorise another person to use the trade mark in relation to the goods or services or both,
(iii) the person intends to assign the trade mark to a body corporate that is about to be constituted with a view to the use by the body corporate of the trade mark in relation to the goods or services or both.
(2) Without limiting the particulars that may be included in an application made under subsection (1), the application shall—
(a) include 6 representations of the trade mark; and
(b) specify, in accordance with the regulations, the goods or services or both, in respect of which it is sought to register the trade mark.
(3) An application, other than an application under section 35 for the registration of 2 or more trade marks as a series, may be made in respect of goods and services of one or more of the classes prescribed in the regulations.