The Trademark Act defines a "Trademark" as a mark used or proposed to be used in relation to services for the purposes of indicating a connection in the course of trade between the goods or services and some person having the right either as proprietor or registered user, to use the mark, whether with or without any indication of the identity of that person; and distinguishing the goods or services in relation to which the mark is used or proposed to be used, from the same kind of goods or services connected in the course of trade with any other person.

"Mark" includes distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, numeral of a combination thereof, whether in to or three dimensional form.

The proprietor of a mark used or proposed to be used may apply for registration.  Marks are not registered if their use is likely to deceive or cause confusion or would be contrary to the law.

The international classification of goods and services applies.

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