105. Burden of proving use of trade mark

Terms defined in s 2

• proprietor

  proprietor

  Defined · s 2

  “proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;

  Open s 2
• trade mark

  trade mark

  Defined · s 2

  “trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;

  Open s 2