TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 8 Definition of "applied to" and "applied in relation to"

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 8

8.(1) For the purposes of this Act:

   (a)  a representation of a trade mark is taken to be applied to any goods,
        material or thing if it is woven in, impressed on, worked into, or
        affixed or annexed to, the goods, material or thing; and

   (b)  a representation of a trade mark is taken to be applied in relation to
        goods or services:

        (i)    if it is applied to any covering, document, label, reel or
               thing in or with which the goods are, or are intended to be,
               dealt with or provided in the course of trade; or

        (ii)   if it is used in a manner likely to lead persons to believe
               that it refers to, describes or designates the goods or
               services; and

   (c)  a representation of a trade mark is taken also to be
        applied in relation to goods or services if it is used in:

        (i)    a sign or advertisement, including a televised advertisement;
               or

        (ii)   an invoice, wine list, catalogue, business letter, business
               paper, price list or other commercial document; and goods are
               delivered, or services provided (as the case may be) to a
               person following a request or order made by referring to the
               trade mark as so used.

(2) In subparagraph (1)(b)(i):

"covering" includes packaging, frame, wrapper, container, stopper, lid or cap;

"label" includes a band or ticket.