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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 9
Definition of applied to and applied in relation to
9. (1) For the purposes of this Act:
(a) 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 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 trade mark is taken also to be applied in relation to goods or
services if it is used:
(i) on a signboard or in an advertisement (including a televised
advertisement); or
(ii) in 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.
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