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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

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