TRADE MARKS ACT proceedings or evidence as the Supreme Court may think fit to give; (c) exercise any of the powers which could have been exercised by the Tribunal in the proceedings in connection with which the appeal is brought; (d) make such order as to the costs of the appeal or of earlier proceedings in the matter before the Tribunal as it may think fit. (3) In an appeal from an order or decision of the Tribunal, the Supreme Court shall have power to exercise the same discretionary powers as are under this Act conferred upon the Registrar or the Tribunal, as the case may be. ss 64–74 (3) A trade mark or other mark shall be deemed to be applied in relation to services if it is used in any manner likely to lead to the belief that the services in connection with which it is used are designated by that trade mark or other mark. PART XIII PROTECTION OF REGISTERED TRADE MARKS 81 Interpretation in Part XIII In this Part— “apply to”, in relation to goods, means— (a) to emboss, impress, engrave, etch or print upon; or (b) to weave or otherwise work into; or (c) to annex or affix to; such goods; “covering” means any bottle, box, capsule, case, cask, frame, vessel, wrapper or other container or cover and includes a band, label, ticket or reel; “customs officer” means an officer as defined in section 2 of the Customs and Excise Act [Chapter 23:02]; “Director of Customs and Excise” means the Director of Customs and Excise appointed in terms of the Customs and Excise Act [Chapter 23:02]; “forged”, in relation to a registered mark, means made or falsified as described in section eightythree; “inspector” means a person appointed as an inspector in terms of the Merchandise Marks Act [Chapter 14:15]; “sell” includes— (a) to expose for sale; and (b) to have in possession for the purpose of sale or for any purpose of trade or commerce. 82 Application of trade mark (1) A trade mark or other mark shall be deemed to be applied to goods if— (a) it is applied to the goods themselves; or (b) it is applied to a covering on, in or attached to which the goods are sold; or (c) the goods are placed in or around, enclosed by or annexed to any covering to which the trade mark or other mark has been applied; or (d) it is used in any manner likely to lead to the belief that the goods in connection with which it is used are designated by that trade mark or other mark. (2) Goods delivered in pursuance of an offer or request made by reference to a trade mark or other mark appearing in any sign, advertisement, invoice, winelist, catalogue, business letter, business paper, pricelist or other commercial document shall, for the purposes of paragraph (d) of subsection (1), be deemed to be goods in connection with which the trade mark or other mark is used. (4) A registered trade mark shall be deemed to be falsely applied to goods or in relation to services if, without the consent of the proprietor or the authority of this Act, the registered trade mark or a mark so nearly resembling it as 117 [Chapter 26:04]