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
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[Chapter 26:04]
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