means the date entered on the register by the Commissioner under section 46(a);

means, as the case may be, a person who applies for—

• (a)the registration of a trademark and includes the assignee of an application, if the assignment has been effected under section 76; or
• (b)the suspension of customs clearance of imported goods under Part 4, Division 3;

means, as the case may be—

• (a)an application for the registration of a trademark, and includes an application for the registration of a series of trademarks; or
• (b)an application for the suspension of customs clearance of imported goods under Part 4, Division 3;

means assignment by the acts of the parties concerned;

means a sign capable of—

• (a)being represented graphically; and
• (b)distinguishing, in the course of trade—
  • (i)goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic from goods not so certified; or
  • (ii)services certified by any person in respect of quality, accuracy, performance or other characteristic from services not so certified;

means a body (whether incorporated or not) that has or is able to have members, and is—

• (a)constituted for the joint benefit of its members for the time being; and
• (b)so constituted that its membership at any time can be ascertained;

means a sign capable of—

• (a)being represented graphically; and
• (b)distinguishing the goods or services of members of the collective association that is the owner of the sign from those of persons who are not members of the collective association;

means the Commissioner of Trademarks;

includes a limitation of the exclusive right to use a trademark given by the registration of the trademark, including a limitation of that right as to—

• (a)mode of use;
• (b)use in relation to goods to be sold or otherwise traded in any place within Fiji;
• (c)use in relation to services to be provided within Fiji; and
• (d)use in relation to goods to be exported to any market outside Fiji;

means an entity as prescribed by regulations;

means an application for the registration of a trademark that is made in a convention country, whether before or after it became a convention country, and that is in accordance with the—

• (a)terms of a treaty between 2 or more convention countries, equivalent to an application made in any one of those convention countries; or
• (b)law of any convention country, equivalent to an application made in that convention country;

means any goods, including packaging, bearing without authorisation a trademark which is identical to the trademark of the rights holder validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the rights holder of the trademark in question;

means the High Court of Fiji;

means a registered owner of any trademark who has died, whether before or after the commencement of this Act, and includes an applicant for the registration of a trademark who has died before it is registered, whether before or after the commencement of this Act;

means—

• (a)in the case of a trademark to which section 31 applies, the date of the application in the convention country, subject to any enactment relating to international arrangements; or
• (b)in any other case, the date of the application;

means an indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;

, in relation to a registered trademark, means goods that bear, or goods the packaging of which bears, a sign that is identical or similar to the registered trademark and—

• (a)the application of the sign to the goods or their packaging is an infringement of the registered trademark; or
• (b)the sign has been used in relation to the goods or their packaging in a way that infringes the registered trademark;

, in relation to a registered trademark, means material that bears a sign that is identical or similar to the registered trademark and either the sign is—

• (a)used for labelling or packaging goods, as a business paper, or for advertising goods or services, in a way that infringes the registered trademark; or
• (b)intended to be used in a way that would infringe the registered trademark;

, in relation to a registered trademark, means an object that is—

• (a)specifically designed or adapted for making copies of a sign that is identical or similar to the registered trademark; and
• (b)in the possession, custody or control of a person who knows or has reason to believe that the object has been or is to be used to produce infringing goods or material;

, in relation to a trademark, means a person whose use of the trademark is authorised by, and subject to the control of, the owner of the trademark;

means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, as amended from time to time;

means—

• (a)in relation to a collective association, a member of the association; and
• (b)in relation to a collective trademark, a member of the collective association that is the owner of the collective trademark;

means the Minister responsible for trademarks;

means the Ministry responsible for trademarks;

means the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks adopted at Nice on 15 June 1957, as revised or amended from time to time;

means the classification of goods and services for the registration of marks published from time to time under the Nice Agreement;

means—

• (a)in relation to a registered trademark that is not a certification trademark or a collective trademark, the person in whose name the trademark is registered;
• (b)in relation to a collective trademark that is registered, the collective association in whose name the trademark is registered;
• (c)in relation to a certification trademark that is registered, the person who certifies the goods or services to which the certification trademark relates; and
• (d)in relation to an unregistered trademark, the person who owns all of the rights in the mark;

means the Convention for the Protection of Industrial Property as revised and amended at Stockholm on July 14, 1967;

means the permanent secretary responsible for trademarks;

means a trademark that is entitled to protection in Fiji under the Madrid Protocol;

, in relation to a deceased owner, means a person who satisfies the Commissioner—

• (a)that he or she has obtained or is entitled to obtain probate of the will of the deceased owner or letters of administration in his or her estate in the place where the deceased owner was domiciled at his or her death, or that he or she is the legal representative of the deceased owner in that place;
• (b)that probate of the will of the deceased owner or letters of administration in his or her estate have not been granted or resealed in Fiji;
• (c)that the interests of the creditors of the deceased owner, and of all persons beneficially interested under his or her will or on his or her intestacy, will be adequately safeguarded if the Commissioner registers the qualified person as the owner of the trademark;

means the register of trademarks kept under section 155;

means, subject to section 55, a trademark that is on the register;

means a number of trademarks for the same goods or description of goods or the same services or description of services, as the case may be, that—

• (a)resemble each other in their material particulars; and
• (b)differ only in respect of one or more of the following matters—
  • (i)statements of the goods or services for which they are, or are proposed to be, used;
  • (ii)statements of number, price, quality, or names of places;
  • (iii)other matters of a non-distinctive character that do not substantially affect the identity of the trademarks; or
  • (iv)colour;

includes—

• (a)a brand, colour, device, heading, label, letter, name, numeral, shape, signature, smell, sound, taste, ticket or word; and
• (b)any combination of signs;

means the goods or services specified on the application for the registration of the trademark in relation to which the registered trademark is to be used or is proposed to be used;

—

• (a)means any sign capable of—
  • (i)being represented graphically; and
  • (ii)distinguishing the goods or services of one person from those of another person; and
• (b)includes, except in section 77, a certification trademark and collective trademark;

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

means the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement, as revised or amended from time to time;

means a day of the week other than Saturday, Sunday or a public holiday;

includes the—

• (a)recording of words in a permanent and legible form;
• (b)recording of words by electronic means that can be retrieved and read; and
• (c)display of words by any form of electronic or other means of communication that is subsequently recorded by electronic means that can, by any means, be retrieved and read; and

means the World Trade Organization Agreement signed in Marrakesh in 1994, as revised or amended from time to time.