8
CAP. 401]
Trade Marks
"mark" includes a device. brand. heading. label. ticket. name.
signature. word. letter. numeral or any combination
thereof;
Cap. 400
"patent agent" means a person who is registered as such in terms
of subsection (l) of section sixty-eight of the Patents Act,
and is by virtue of the provisions of that Act entitled to
practise as a patent agent;
"permitted use" has the meaning assigned to it by subsection ( I)
of section thirty-three;
"register" means the register of trade marks kept under the pro
visions of this Act;
"register of trade mark agents" means the register of trade mark
agents kept under subsection (I) of section eighty-six;
"registered trade mark" means a trade mark that is actually on
the register;
"registered user" means a person who is for the time being reg
istered as such under section thirty-three;
"Registrar" means the Registrar of Trade Marks appointed
under section five;
"regulations" means regulations made under section eighty-one;
"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 with
out 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 sec
,
tion forty-two;
"trade mark agent" means a person who is
(a) registered as a trade mark agent in terms of subsec
tion (2) of section eighty-six; or
(b)
a legal practitioner or patent agent entitled to prac
tise as a trade mark agent in terms of section eighty
eight;
"Trade Marks Office" means the Trade Marks Office estab
lished under section three;
"transmission" means transmission by operation of law. devolu
tion on the legal representative of a deceased person and
any other mode of transfer not being assignment;
(2) References in this Act to the use of a mark shall be construed
as references to the use of a printed or other visual representation of
the mark, and references therein to the use of a mark in relation to