ss 2–5 TRADE MARKS ACT “Minister” means the Minister of Justice, Legal or Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act; “patent agent” means a person who is registered in terms of the Patents Act as a patent agent and is entitled to practise as such; “Patents Act” means the Patents Act [Chapter 26:03]; “permitted use” means permitted use as defined in subsection (2) of section thirty-three; “Register” means the Register of Trade Marks kept at the Trade Marks Office under section five; “registered trade mark” means a trade mark that is entered in the Register in terms of this Act; “registered user” means a person who is for the time being registered as such under section thirtythree; “Registrar” means the Controller or the Registrar of Trade Marks or an assistant registrar of trade marks appointed under paragraph (a) of subsection (3) of section three; “repealed legislation” means the Trade Marks Act 1957 (No. 14 of 1957) and any subsidiary legislation which, immediately before the appointed day, was in force thereunder; “trade mark” means a mark which is used or proposed to be used in relation to goods or services for the purpose of— (a) indicating a connection in the course of trade between the goods or services 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 (b) distinguishing the goods or services in relation to which the mark is used or proposed to be used, from the same kind of goods or services connected in the course of trade with any other person; but does not include a certification mark; “trade mark agent” means a person who is registered as such in the Register of Trade Mark Agents; “Trade Marks Office” means the Trade Marks Office established under section three; “transmission” means transfer by operation of law, devolution on the legal representative of a deceased person or any other mode of transfer not being assignment; “Tribunal” means the Patents Tribunal established under the Patents Act. (2) Any reference in this Act to the use of a mark shall be construed— (a) as a reference to the use of a printed or other visual representation of the mark and, in the case of a distinguishing guise, to the use of such distinguishing guise; and (b) if the mark is capable of being audibly reproduced, as including a reference to the use of an audible reproduction of the mark. (3) Any reference in this Act to the use of a mark— (a) in relation to goods, shall be construed as a reference to the use thereof upon, or in physical or other relation to, goods; [Chapter 26:04] (b) in relation to services, shall be construed as a reference to the use thereof in relation to the performance of such services. 80