Part IV Miscellaneous and general provisions

Interpretation

102 Adaptation of expressions for Scotland.

In the application of this Act to Scotland—

  • “account of profits” means accounting and payment of profits;

  • “accounts” means count, reckoning and payment;

  • “assignment” means assignation;

  • “costs” means expenses;

  • “declaration” means declarator;

  • “defendant” means defender;

  • “delivery up” means delivery;

  • “injunction” means interdict;

  • “interlocutory relief” means interim remedy; and

  • “plaintiff” means pursuer.

103 Minor definitions.

1

In this Act—

  • “business” includes a trade or profession;

  • “director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body;

  • “infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 16 (order for delivery up of infringing goods, &c.);

  • “publish” means make available to the public, and references to publication—

    1. a

      in relation to an application for registration, are to publication under section 38(1), and

    2. b

      in relation to registration, are to publication under section 40(4);

  • “statutory provisions” includes provisions of subordinate legislation within the meaning of the M1Interpretation Act 1978;

  • “trade” includes any business or profession.

2

References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation.

3

References in this Act to a Community instrument include references to any instrument amending or replacing that instrument.

104 Index of defined expressions.

In this Act the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—

account of profits and accounts (in Scotland)

section 102

appointed person (for purposes of section 76)

section 77

assignment (in Scotland)

section 102

business

section 103(1)

certification mark

section 50(1)

collective mark

section 49(1)

commencement (of this Act)

section 109(2)

Community trade mark

section 51

Community Trade Mark Regulation

section 51

Convention country

section 55(1)(b)

costs (in Scotland)

section 102

the court

section 75

date of application

section 33(2)

date of filing

section 33(1)

date of registration

section 40(3)

defendant (in Scotland)

section 102

delivery up (in Scotland)

section 102

director

section 103(1)

earlier right

section 5(4)

earlier trade mark

section 6

exclusive licence and licensee

section 29(1)

infringement (of registered trade mark)

sections 9(1) and (2) and 10

infringement proceedings

section 103(1)

infringing articles

section 17

infringing goods

section 17

infringing material

section 17

injunction (in Scotland)

section 102

interlocutory relief (in Scotland)

section 102

the International Bureau

section 53

F1 international trade mark ( EC )

F1section 53

international trade mark (UK)

section 53

Madrid Protocol

section 53

Paris Convention

section 55(1)(a)

plaintiff (in Scotland)

section 102

prescribed

section 78(1)(b)

protected under the Paris Convention

—well-known trade marks

section 56(1)

—state emblems and official signs or hallmarks

section 57(1)

—emblems, &c. of international organisations

section 58(2)

publish and references to publication

section 103(1)

register, registered (and related expressions)

section 63(1)

registered trade mark agent

section 83(1)

registrable transaction

section 25(2)

the registrar

section 62

rules

section 78

statutory provisions

section 103(1)

trade

section 103(1)

trade mark

—generally

section 1(1)

—includes collective mark or certification mark

section 1(2)

United Kingdom (references include Isle of Man)

section 108(2)

use (of trade mark or sign)

section 103(2)

well-known trade mark (under Paris Convention)

section 56(1)