Trade Marks Ordinance, 2001 — section 3

3. Goods and services when associated, etc..—_ (1) For the purposes of this Ordinance 1 Subs. by Act No. LVIII of 2023, s.2.

(a)goods and services shall be associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with descriptions of goods and descriptions of services;

(b)a trade mark shall be taken used on goods if the trade mark is used on any goods including second-hand goods, material or thing if it is woven in, impressed on, worked into, or affixed or annexed to, the goods, material or thing.

(c)a trade mark shall be taken used in relation to goods or services if the trade mark is used

(i)on any covering, packaging, document, label, band, ticket, reel or thing in or with which the goods are, or are intended to be, dealt with or provided in the course of trade;

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

(iii)on a signboard or in an advertisement; or

(iv)in an invoice, list, catalogue, business letter, business paper, price list or other commercial document.

(2)Where the owner of the trade mark exercises quality control over goods or services

(a)dealt with or provided in the course of trade by another person; and

(b)in relation to which the trade mark is used, the other person shall be taken to use the trade mark in relation to the goods or services under the control of the owner.

(3)Where another person deals with or provides, in the course of trade, goods or services in relation to which a trade mark is used and the owner of the trade mark exercises financial control over the other person's relevant trading activities, the other person shall be taken to use the trade mark in relation to the goods or services under the control of the owner.