Cap. 416 Art. 2Interpretation.
In this Act, unless the context otherwise requires -
"business" includes a trade or profession;
"Comptroller" means the Comptroller of Industrial Property and includes any other person appointed to exercise all or any of the powers and perform all or any of the duties of the Comptroller; "European Union" means the European Union referred to in the Treaty; "infringement proceedings" in relation to a registered trademark, includes proceedings under article 16; "Member State" means a state which is a member of the European Union; "Minister" means the Minister responsible for the protection of Industrial Property; "Paris Convention" means the convention referred to in article 49 of this Act; "prescribed" means prescribed by this Act or by any regulations made thereunder; "publish" means make available to the public, and references to publication in relation to registration, are to publication under article 37(4);
"register" means the register of trademarks kept under this Act and includes the register of trademarks kept under the Industrial
Property (Protection) Ordinance, partly repealed by this Act; "trade" includes any business or profession;
"trademark" means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trademark may, in particular, consist of words (including personal names), figurative element, letters, numerals or the shape of goods or their packaging: Provided that for the purpose of this Act "any sign capable of being represented graphically" includes any sign capable of
*Repealed by Act XII of 2019 the context otherwise requires, reference to a collective mark or certification mark referred to respectively in articles 45 and 46.
(b) References in this Act to use (or any particular description of use) of a trademark or of a sign identical with, similar to or likely to be mistaken for a trademark, include use (or that description of use) otherwise than by means of a graphic representation.