Meaning of applying trade marks and trade descriptions

Section 101 of the Trade Marks Act, 1999 deals with meaning of applying trade marks and trade descriptions. A person shall be deemed to apply a trade mark or mark or trade description to goods or services who-- (a) applies it to the goods themselves or uses it in relation to services; The Act came into force on 15 Sep 2003.

(1) A person shall be deemed to apply a trade mark or mark or trade description to goods or services who--

(a) applies it to the goods themselves or uses it in relation to services; or

(b) applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or

(c) places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or

(d) uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description; or

(e) in relation to the goods or services uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used.

(2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.

Section 101, The Trade Marks Act, 1999 (Act 47 of 1999).