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Coming soon: Model answer for Test 1

Section 3(1) of the trade Marks Act 1976 provides that “trade mark” means except in relation to Part XI, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and a person having the right either as proprietor or as registered user to use the mark whether with or without an indication of the identity of that person, and means, in relation to Part XI, a mark registrable or registered under the said Part XI”

With reference to case law explain the meaning of the above provision.

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