Section 2Part 1 — PRELIMINARY
Interpretation
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In this Law —
includes a trade or profession;
means a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, materials, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics;
means a mark distinguishing the goods or services of members of an association which is the proprietor of the mark from those of other undertakings;
means the Grand Court of the Cayman Islands;
means —
for a trade mark the subject of an application for registration, a registered trade mark which has a date of application for registration earlier than that of the trade mark in question;
a trade mark in respect of which an application for registration has been made and which if registered, would be an earlier trade mark under paragraph (a); or
a previously registered trade mark if the expiry of its registration is one year old or less unless the Registrar is satisfied that there was no bona fide use of the mark during two years immediately preceding the expiry;
in relation to a registered trade mark, include proceedings for an order for delivering up of infringing goods;
means the Register of Trade Marks referred to in section 8;
means the Registrar of Trade Marks appointed under section 6;
means the Registry of Trade Marks maintained by the Registrar pursuant to section 7;
means the provisions in the Patents and Trade Marks Law, 2011 [Law 30 of 2011] relating to trade marks that are repealed prior to the coming into force of this Law;
shall have the same meaning as under section 2 of the Trade and Business Licensing Law, 2014 [Law 21 of 2014]; and
means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings and it may, in particular, consist of words (including personal names) designs, numerals, letters or the shape of goods or their packaging.
Reference in this Law to a trade mark includes, unless the context otherwise requires, reference to a collective mark or a certification mark.