IP/N/l/SWZ/T/l
Page 5
(2) Save as otherwise provided this Act shall apply to all trade marks) whether regi
stered before or after the commencement of this Act.
Interpretation.
In this Act, unless the context otherwise requires -
"assignment" means transfer by act of the parties concerned;
"Convention" means the Paris Convention for the Protection of Industrial Property
of March 20~ 1883, and any revisions thereof to which the Government of Swaziland
is or may become a party;
"international classification" means the classification according to the Nice' . A
. gree
ment Concerning the International Classification of Goods and Services for the Pur
poses of the Registration of Trade Marks) of June 15, 1957, as revised from time to
time;
"limitations" mean's any limitations of the exclusive right to the use of a trade mark
given by the registration of a person as proprietor thereof, including limitations of
that right as to the mode of use, as to use in relation to goods or services to be sold or
otherwise traded in any place in Swaziland or as to use in relation to goods or services
to be exported to any market outside Swaziland;
"Minister" means' the Minister responsible fOT Justice;
"pending trade- mark" means a trade mark which is the subject of an application for
registration;
.
_
"Register" means the Register of Trade Marks kept under the provisions of this Act;
"registered trade mark" means a trade mark which is actually on the Register;
"registered user" means a person who registered as such under sectio-n 42;
"Registrar' means the Registrar of Trade Marks appointed under section 4;
"Regulations" means Regulations made under section 14;
"trade mark" means any visible sign used or proposed to be used upon, in connection
with or in relation to goods or services for the purpose of distinguishing in the course
of trade or business the goods or services of a person from those of another;
"Trade Marks Office" means the Trade Marks Office established under section 3;
"transmission" means transfer by operation of law, devolution oil the personal repre
sentative of a deceased person and any other mode of transfer not being an assignment;
"use of a trade mark" means, subject to section 29 and 30, use thereof in relation to
goods or services in a printed or other visible representation;
"visible sign" mea-ns any sign which is capable of .graphic reproduction including a
word, name, brand, device) heading) label, ticket, signature, letter, number, relief,
stamp, seal, vignette, emblem; or" any combination thereof.
is
P~~RT
II
A.DMI}<-r-rSTRi~.TION, THE REGISTER~
FUNCTIONS AND POWERS
OF THE REGISTRAR, FEES _A.ND POVlERS OF THE MINISTER
Establishment of Trade Marks Office.
3. There shall be established under the directjon of the Minister an office to be called the
Trade Marks Office.
Officers.
4.
The Minister shall appoint
(a) a Registrar of Trade Marks who shall exercise the powers and perform the
duties assigned to the Registrar by this . .Act and who shall be responsible fOT its
administration;