Trade Marks Act, 1963
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Interpretation. |
2.—(1) In this Act, unless the context otherwise requires— | |
“the Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 ; | ||
“assignment” means assignment by act of the parties concerned; | ||
“the Controller” means the Controller of Industrial and Commercial Property appointed under the Act of 1927; | ||
“the Court” means the High Court; | ||
“the Journal” means the Official Journal of Industrial and Commercial Property; | ||
“limitations” means 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 mode of use, as to use in relation to goods to be sold (or otherwise traded in) in any place within the State, or as to use in relation to goods to be exported to any market outside the State; | ||
“mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof; | ||
“the Minister” means the Minister for Industry and Commerce; | ||
“the Office” means the Industrial and Commercial Property Registration Office established under the Act of 1927; | ||
“partnership” has the meaning assigned to it by section 1 of the Partnership Act, 1890 ; | ||
“permitted use” has the meaning assigned to it by paragraph (b) of subsection (1) of section 36 of this Act; | ||
“prescribed” means, in relation to proceedings before the Court, prescribed by rules of court, and, in other cases, prescribed by this Act or the rules; | ||
“the register” means the register of trade marks kept under this Act; | ||
“registered trade mark” means a trade mark that is actually on the register; | ||
“registered user” means a person who is for the time being registered as such under section 36 of this Act; | ||
“the rules” means rules made by the Minister under section 3 or section 44 of this Act; | ||
“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 without 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 section 45 of this Act; | ||
“transmission” means transmission by operation of law, devolution on the personal representative of a deceased person, and any other mode of transfer not being assignment. | ||
(2) (a) In this Act references 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 to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in physical or other relation to, goods. | ||
(b) In any other Act references to a trade mark shall be construed as references to a trade mark under this Act. |