8
CAP. 506
Trade Marks
[Rev. 2009
section 3;
“services” are services within the meaning of this Act where
they are normally provided for remuneration, in so far as they are not
governed by the provisions of any written law relating to freedom of
movement for goods, capital and persons and in particular include
activities of an industrial or commercial character or of craftsmen and
of the professions;
“surname” includes a name by which a person is customarily
known by members of the community to which he belongs;
“the Paris Convention” means the Paris Convention for the
Protection of Industrial Property, of the 20th March 1883, as last
revised;
“the rules” means rules made by the Minister under section 39
or section 41;
“the WTO Agreement” means the agreement establishing the
World Trade Organization, signed at Marrakesh, Morocco, on the 15th
April 1994;
“trade” means any type of profession or other business occupation
in which a mark may be used in the manner prescribed by this Act;
“trade mark” means (except in relation to a certification trade
mark) a mark used or proposed to be used (a) in relation to goods for the purpose of indicating a
connection in the course of trade between the goods and some
person having the right either as proprietor or as licensee to
use the mark, whether with or without any indication of the
identity of that person or distinguishing goods in relation
to which the mark is used or proposed to be used from the
same kind of goods connected in the course of trade with
any person;
(b) in relation to services for the purpose of indicating that a
particular person is connected, in the course of business, with
the provision of those services, whether with or without any
indication of the identity of that person or distinguishing
services in relation to which the mark is used or proposed
to be used from the same kind of services connected in the
course of business with any other person;
“transmission” means transmission by operation of law, devolution