Section 67 Trade Marks Act 1967

Section 67 of the Trade Marks Act 1967 is about Interpretation. It is under ‘Miscellaneous and supplemental’ of the Act. It provides as follows:

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say-

“assignment” means assignment by act of the parties concerned;
“court” means the Federal High Court;
“Journal” means the Trade Marks Journal published under section 63 of this Act;
“limitations” means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to manner of use, as to use in relation to goods to be sold or otherwise traded in, in any place in Nigeria, or as to use in relation to goods to be exported to any market outside Nigeria;

“mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof;
“Minister” means the Minister charged with responsibility for trade marks;
“permitted use” has the meaning assigned by section 33 (2) of this Act;

“person concerned”, in relation to any matter, does not include the Registrar;
“prescribed” means, in relation to proceedings before the court, prescribed by rules of court, and, in other cases, prescribed by this Act or the Regulations;
“register” means the register of trade marks kept under this Act;

“registered trade mark” means a trade mark that is actually on the register;
“registered user” means a person who is for the time being registered as such under
section 34 of this Act;
“Registrar” means the Registrar of Trade Marks appointed under section I of this
Act;
“regulations” means regulations made by the Minister under section 42 or 45 of this Act;

“trade mark” means. except in relation to a certification trade mark, a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person, and means, in relation to a certification trade mark, a mark registered or deemed to have been registered under section 43 of this Act;

“transmission” means transmission by operation of law, devolution on the personal representative of a deceased person, and any other mode of transfer not being assignment;

“tribunal” means the Registrar or the court, as the context or circumstances may require.

(2) References in this Act to the use of a mark shall be construed as references to the use of printed or other visual representation of the mark, and references therein to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in physical or other relation to, goods.

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