Section 163 - Definition of trade-mark and official document

(1) In this Chapter, “trade-mark” means a mark, label, ticket, or any other sign or device lawfully appropriated by a person as a means of denoting that

(a) an article of trade, manufacture or merchandise is an article of the manufacture, workmanship, production, or merchandise of that person, or

(b) is an article or a peculiar or particular description made or sold by a person,

and also means a mark, sign or device which, in pursuance of an enactment relating to registered designs, is to be put or placed on, or attached to, an article during the existence or continuance of a copyright or any other peculiar right.

(2) A mark, label, ticket, or any other sign or device is not lawfully appropriated by a person, within the meaning of subsection (1), unless it is of a kind and so appropriated

(a) that an injunction or other process would be granted by the Court to restrain its use by any other person without the consent of the person by whom it is appropriated, or

(b) that an action might be maintained by the last mentioned person against any other person making use of it without consent of the person by whom it is appropriated.

(3) In this Chapter, “official document” means a document purporting to be made, used or issued by a public officer for a purpose relating to that public office.