Merchandise Marks Act, 1941 (Act No. 17 of 1941)

1. Definitions
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In this Act, unless the context indicates otherwise-

 

'apply to'

means emboss, impress, engrave, etch or print upon or weave into or otherwise-

(a)work into or onto;
(b)annex or affix to; or
(c)incorporate in;

[Definition substituted by section 1 (a) of Act 38 of 1997.]

 

'bottle'

[Definition deleted by section 1 (b) of Act 38 of 1997.]

 

'convention country'

means any country or group of countries declared a convention country or convention countries in terms of section 63 of the Trade Marks Act, 1993 (Act 194 of 1993);

[Definition inserted by section 1 (a) of Act 50 of 2001.]

 

'covering'

includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, wrapper or container;

 

'device'

means any visual representation or illustration capable of being reproduced upon a surface, whether by printing or otherwise, but does not include a trade mark;

[Definition substituted by section 1 (b) of Act 50 of 2001.]

 

'document'

means recorded information regardless of form or medium;

[Definition inserted by section 1 (c) of Act 38 of 1997.]

 

'event'

means any exhibition, show or competition of a sporting, recreational or entertainment nature which is-

(a)held or to be held in public;
(b)likely to attract the attention of the public or to be newsworthy; and
(c)financed or subsidised by commercial sponsorship,

and includes any broadcast of such exhibition, show or competition;

[Definition inserted by section 1 (a) of Act 61 of 2002.]

 

'false trade description'

means any trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, if that alteration makes the description false in a material respect;

[Definition substituted by section 1 (d) of Act 38 of 1997.]

 

'Gazette'

[Definition deleted by section 1 of Act 49 of 1996.]

 

'goods'

means anything which is the subject of trade or manufacture;

 

'inspector'

means-

(a)any member as defined in section 1 of the South African Police Service Act, 1995 (Act 68 of 1995), of or above the rank of sergeant;
(b)the Commissioner for Customs and Excise or any officer as defined in section 1 (1) of the Customs and Excise Act, 1964 (Act 91 of 1964);
(c)any officer appointed under section 3;

[Definition substituted by section 1 (f) of Act 38 of 1997.]

 

'label'

includes any band or ticket;

 

'mark'

means any sign capable of being represented graphically, and includes a device, name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination of the aforementioned, but does not include a trade mark;

[Definition substituted by section 1 (c) of Act 50 of 2001.]

 

'Minister'

means the Minister of Trade and Industry;

[Definition substituted by  section 1 (g) of Act 38 of 1997.]

 

'name'

includes an abbreviation or addition to a name, but does not include a trade mark;

[Definition substituted by section 1 (d) of Act 50 of 2001.]

 

'police officer'

[Definition deleted by section 1 (h) of Act 38 of 1997.]

 

'premises'

includes land, any building or structure, or any vehicle, ship, boat or aircraft or other conveyance;

[Definition inserted by section 1 (i) of Act 38 of 1997.]

 

'protected event'

means an event designated as such under section 15A;

[Definition inserted by section 1 (b) of Act 61 of 2002.]

 

'sell'

includes expose for sale or have in possession for purposes of sale or any purpose of trade or manufacture, and the word 'sale' has a corresponding meaning;

[Definition amended by section 1 (1) of Act 47 of 1954.]

 

'Territory'

[Definition deleted by section 1 of Act 49 of 1996.]

 

'trade description'

means any description, statement or other indication, direct or indirect, as to the number, quantity, measure, gauge or weight of any goods, or as to the name of the manufacturer or producer or as to the place or country in which any goods were made or produced, or as to the mode of manufacturing or producing any goods, or as to the material of which any goods consist, or as to any goods being the subject of an existing patent, privilege, or copyright, and includes any figure, word or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the aforementioned matters, but does not include a trade mark;

[Definition substituted by section 1 (e) of Act 50 of 2001.]

 

'trade mark'

means a trade mark as defined in section 2 (1) of the Trade Marks Act, 1993 (Act 194 of 1993), and includes a well-known trade mark contemplated in section 35 of that Act.

[Definition substituted by section 1 (f) of Act 50 of 2001.]

 

'Union'

[Definition deleted by section 1 of Act 49 of 1996.]