thereunder;
“trade mark” means a mark which is used or proposed to be used in relation to goods
or services for the purpose of—
(a)
indicating a connection in the course of trade between the goods or
services and some person having the right, either as proprietor or as registered user, to
use the mark, whether with or without any indication of the identity of that person;
and
(b)
distinguishing the goods or services in relation to which the mark is
used or proposed to be used, from the same kind of goods or services connected in the
course of trade with any other person;
but does not include a certification mark;
“trade mark agent” means a person who is registered as such in the Register of Trade
Mark Agents;
“Trade Marks Office” means the Trade Marks Office established under section three;
“transmission” means transfer by operation of law, devolution on the legal
representative of a deceased person or any other mode of transfer not being
assignment;
“Tribunal” means the Patents Tribunal established under the Patents Act.
(2) Any reference in this Act to the use of a mark shall be construed—
(a)
as a reference to the use of a printed or other visual representation of
the mark and, in the case of a distinguishing guise, to the use of such distinguishing
guise; and
(b)
if the mark is capable of being audibly reproduced, as including a
reference to the use of an audible reproduction of the mark.
(3) Any reference in this Act to the use of a mark—
in relation to goods, shall be construed as a reference to the use thereof
(a)
upon, or in physical or other relation to, goods;
(b)
in relation to services, shall be construed as a reference to the use
thereof in relation to the performance of such services.
PART II
ADMINISTRATION
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Trade Marks Office, Controller, Registrar of Trade Marks and other officers
(1) There shall be established an office, to be called the Trade Marks Office, for the
registration of trade marks and other matters in terms of this Act.
(2) The Controller shall exercise general supervision and direction of the Trade Marks
Office.
(3) There shall be—
(a)
a Registrar of Trade Marks; and
(b)
such number of assistant registrars of trade marks, examiners and
other officers as may be necessary for the purposes of this Act; and
who shall in the performance of their functions under this Act be subject to the
control of the Controller, and whose offices shall be public offices and form part of
the Public Service.
(4) The Registrar, assistant registrars, examiners and other officers shall perform such
functions as are conferred upon them in terms of this Act.
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Seal
The seal of the Patent Office kept in terms of the Patents Act shall also be the seal of
the Trade Marks Office, and impressions thereof made for the purposes of this Act or
the repealed legislation shall be judicially noticed.
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Register of Trade Marks
(1) There shall be kept at the Trade Marks Office for the purposes of this Act a
Register of Trade Marks in which shall be entered all trade marks or certification
marks, as the case may be, registered in terms of this Act with—
(a)
the names, addresses and descriptions of their proprietors; and
(b)
particulars of assignments and transmissions; and