Trade Marks Act, 1996
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Interpretation. |
2.—(1) In this Act, except where the context otherwise requires— | |
“the Act of 1963”means the Trade Marks Act, 1963 ; | ||
“assignment” means assignment by act of the parties concerned; | ||
“business” includes a trade or profession; | ||
“Community trade mark”, and “Community Trade Mark Regulation” have the meanings assigned by section 56 ; | ||
“the Controller” means the Controller of Patents, Designs and Trade Marks; | ||
“Convention country” has the meaning assigned by section 60 ; | ||
“the Court” means the High Court; | ||
“director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body; | ||
“earlier trade mark” has the meaning assigned by section 11 ; | ||
“exclusive licence” and “exclusive licensee” have the meanings assigned by section 33 ; | ||
“infringement proceedings”, in relation to a registered trade mark, include proceedings under section 20 ; | ||
“the Journal” means the Patents Office Journal; | ||
“the Minister” means the Minister for Enterprise and Employment; | ||
“the Office” means the Patents Office; | ||
“the Paris Convention” has the meaning assigned by section 60 ; | ||
“partnership” has the meaning assigned by section 1 of the Partnership Act, 1890 ; | ||
“prescribed” means, in relation to proceedings before the Court, prescribed by rules of court and, in any other case, prescribed by this Act or orders, rules or regulations made hereunder; | ||
“publish” means make available to the public, and references to publication— | ||
(a) in relation to an application for registration, are to publication under section 43 (1), and | ||
(b) in relation to registration, are to publication under section 45 (4); | ||
“the register”, except in Part V , means the Register of Trade Marks kept under this Act; | ||
“rules”, except in relation to rules of court, mean rules made by the Minister under section 81 ; | ||
“State emblem of Ireland” means any emblem notified as such under Article 6ter of the Paris Convention; | ||
“trade” includes any business or profession; | ||
“trade mark” has the meaning assigned by section 6 . | ||
(2) References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation. | ||
(3) Any reference in this Act to a Community instrument includes a reference to any instrument amending or replacing that instrument. | ||
(4) In this Act— | ||
(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended; and | ||
(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that some other provision is intended. | ||
(5) In this Act a reference to an enactment includes a reference to that enactment as amended by or under any other enactment, including this Act. |