trade mark definition

according to the trade-marks act, the term "trade-mark" means:

(a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others,

(b) a certification mark, which means a mark that is used for the purpose of distinguishing or so as to distinguish wares or services that are of a defined standard with respect to:

(i) the character or quality of the wares or services,

(ii) the working conditions under which the wares have been produced or the services performed,

(iii) the class of persons by whom the wares have been produced or the services performed, or

(iv) the area within which the wares have been produced or the services performed,

from wares or services that are not of that defined standard;

(c) a distinguishing guise, which means

(i) a shaping of wares or their containers, or

(ii) a mode of wrapping or packaging wares

the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others; and

(d) a proposed trade-mark.