TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 6 Use of trade mark

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 6

6.(1) In this Act:

   (a)  a reference to the use of a trade mark is a reference to the use of
        any visual or aural representation of a trade mark in relation to
        goods or services; and

   (b)  a reference to the use of a trade mark in relation to goods is a
        reference to the use of a representation of a trade mark upon, or in
        physical or other relation to, the goods.

(2) If the Registrar or a prescribed court, having regard to the circumstances
of a particular case, thinks fit, the Registrar or the court may decide that a
person has used a trade mark if it is established that the person:

   (a)  has used the trade mark with additions or alterations that do not
        substantially affect the identity of the trade mark; or

   (b)  has used an associated trade mark.

(3) If the registered owner of a registered trade mark ("first trade mark") is
also the registered owner of another registered trade mark that contains the
first trade mark, the registered owner is taken, when he or she uses the other
trade mark, to have also used the first trade mark.

(4) The use of a trade mark by a person authorised to use the trade mark (see
section 7) is taken, for the purposes of this Act, to be a use of the
trade mark by the owner of the trade mark.