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Trade Marks Act 1994

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This is the original version (as it was originally enacted).

Interpretation

102Adaptation 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.

103Minor 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—

    (a)

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

    (b)

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

  • “statutory provisions” includes provisions of subordinate legislation within the meaning of the [1978 c. 30.] Interpretation 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.

104Index 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
businesssection 103(1)
certification marksection 50(1)
collective marksection 49(1)
commencement (of this Act)section 109(2)
Community trade marksection 51
Community Trade Mark Regulationsection 51
Convention countrysection 55(1)(b)
costs (in Scotland)section 102
the courtsection 75
date of applicationsection 33(2)
date of filingsection 33(1)
date of registrationsection 40(3)
defendant (in Scotland)section 102
delivery up (in Scotland)section 102
directorsection 103(1)
earlier rightsection 5(4)
earlier trade marksection 6
exclusive licence and licenseesection 29(1)
infringement (of registered trade mark)sections 9(1) and (2) and 10
infringement proceedingssection 103(1)
infringing articlessection 17
infringing goodssection 17
infringing materialsection 17
injunction (in Scotland)section 102
interlocutory relief (in Scotland)section 102
the International Bureausection 53
international trade mark (UK)section 53
Madrid Protocolsection 53
Paris Conventionsection 55(1)(a)
plaintiff (in Scotland)section 102
prescribedsection 78(1)(b)
protected under the Paris Convention
—well-known trade markssection 56(1)
—state emblems and official signs or hallmarkssection 57(1)
—emblems, &c. of international organisationssection 58(2)
publish and references to publicationsection 103(1)
register, registered (and related expressions)section 63(1)
registered trade mark agentsection 83(1)
registrable transactionsection 25(2)
the registrarsection 62
rulessection 78
statutory provisionssection 103(1)
tradesection 103(1)
trade mark
—generallysection 1(1)
—includes collective mark or certification marksection 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)

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