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.