IPINII/Gl-IA/T/l
Page 41
",registered user ,~ means a person who is for the time being
registered as such under section ~8 of this Act;
"vRegistrar " means the registrar of trade marks as defined
in, section 1 of this Act;
" trade mark means, except in relation to a certification
trade ,mark, a mark used or proposed to be used in
relation to goods for the purpose of indicating, or so as
to indicate, a connection in the course of trade between
the goods 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 means,' in relation to a certification trade
mark" ,a mark, registered or ' deemed, to have been
registered under section 36 of this Act;
transniission" means transmission by operation' of law,
devolution on the personal representative of a deceased
person, and. any other mode of transfer not being assign...
.ment.
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H
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(2) In this' Act references to the use of a mark shall be construed as references to the use of a printed or other visual representa.. .
tion of the mark, andreferences to the use of a mark in relation to
goods shall be 'construed as references to the' use thereof upon, or in
.physical or other relation to, goods.,'
,
(3) In any other enactment references to a 'trade mark shall be
.construed as references to a trade mark under this Act.
Transitional
provisions.
67•. The transitional' provisions set'out in the'Second Schedule to
this Act shan have effect with respect to the matters therein men..
.tioned respectively,
.
,.
Repeal and
savings,
68. (1) The Trade MarksOrdinance (Cap. 180) and the Trade
'Marks (~endment).Ordin3:nc~ (Cap, .181) are ~ere~y repealed..
(2i Without prejudiceto the general effect of. the Interpretation A9t, 1960 (C.. A.. 4), with respect to repeals, nothing in-this Act
'shal!' affect' any ~ requirementvmade, certificate ,.issued, notice;
decision" .determination, ' direction . or approval'. given, application
made or' thing done, under any enactment repealed by this section;
.andevery ·such.re'quirenient)· certificate, notice, decision, determination, direction; approval; application ~~ ~.~~~'.~~~~.~~ if in force
immediately before the commencement of. this' Act, continue in
force and shall, so far as it could have been made, issued, given or
done under this Act, have effect as if made, issued, given or done
under the corresponding provision, of this Act
'
(3) All statutory instruments made under section 60 of the
Trade Marks Ordinance (Cap. 180) and also, the provisions con...
tained in the Schedule to that Ordinance, so far as any such statutory
instruments ,or provisions remain in force immediately before' .the
commencement of this ,Act, shall continue in force. as if they were
'regulations made under section 65 this Act. '
or
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