(3) In an appeal from an order or decision of the Tribunal, the Supreme Court shall
have power to exercise the same discretionary powers as are under this Act conferred
upon the Registrar or the Tribunal, as the case may be.
PART XIII
PROTECTION OF REGISTERED TRADE MARKS
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Interpretation in Part XIII
In this Part—
“apply to”, in relation to goods, means—
(a)
to emboss, impress, engrave, etch or print upon; or
(b)
to weave or otherwise work into; or
(c)
to annex or affix to; such goods;
“covering” means any bottle, box, capsule, case, cask, frame, vessel, wrapper or other
container or cover and includes a band, label, ticket or reel;
“customs officer” means an officer as defined in section 2 of the Customs and Excise
Act [Chapter 23:02];
“Director of Customs and Excise” means the Director of Customs and Excise
appointed in terms of the Customs and Excise Act [Chapter 23:02];
“forged”, in relation to a registered mark, means made or falsified as described in
section eighty-three;
“inspector” means a person appointed as an inspector in terms of the Merchandise
Marks Act [Chapter 14:15];
“sell” includes—
(a)
to expose for sale; and
(b)
to have in possession for the purpose of sale or for any purpose of
trade or commerce.
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Application of trade mark
(1) A trade mark or other mark shall be deemed to be applied to goods if—
(a)
it is applied to the goods themselves; or
(b)
it is applied to a covering on, in or attached to which the goods are
sold; or
(c)
the goods are placed in or around, enclosed by or annexed to any
covering to which the trade mark or other mark has been applied; or
(d)
it is used in any manner likely to lead to the belief that the goods in
connection with which it is used are designated by that trade mark or other mark.
(2) Goods delivered in pursuance of an offer or request made by reference to a trade
mark or other mark appearing in any sign, advertisement, invoice, winelist, catalogue,
business letter, business paper, pricelist or other commercial document shall, for the
purposes of paragraph (d) of subsection (1), be deemed to be goods in connection
with which the trade mark or other mark is used.
(3) A trade mark or other mark shall be deemed to be applied in relation to services if
it is used in any manner likely to lead to the belief that the services in connection with
which it is used are designated by that trade mark or other mark.
(4) A registered trade mark shall be deemed to be falsely applied to goods or in
relation to services if, without the consent of the proprietor or the authority of this
Act, the registered trade mark or a mark so nearly resembling it as to be likely to
deceive or cause confusion is applied to the goods or in relation to the services, as the
case may be.
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Forgery of registered trade mark
A person shall be deemed, for the purposes of this Part, to forge a registered trade
mark if—
(a)
without the consent of the proprietor of the registered trade mark or
the authority of this Act, he makes that trade mark or a mark so nearly resembling
that trade mark as to be likely to deceive or cause confusion; or
(b)
he falsifies a registered trade mark, whether by alteration, addition,
effacement or otherwise.