8 CAP. 506 Trade Marks [Rev. 2009 section 3; “services” are services within the meaning of this Act where they are normally provided for remuneration, in so far as they are not governed by the provisions of any written law relating to freedom of movement for goods, capital and persons and in particular include activities of an industrial or commercial character or of craftsmen and of the professions; “surname” includes a name by which a person is customarily known by members of the community to which he belongs; “the Paris Convention” means the Paris Convention for the Protection of Industrial Property, of the 20th March 1883, as last revised; “the rules” means rules made by the Minister under section 39 or section 41; “the WTO Agreement” means the agreement establishing the World Trade Organization, signed at Marrakesh, Morocco, on the 15th April 1994; “trade” means any type of profession or other business occupation in which a mark may be used in the manner prescribed by this Act; “trade mark” means (except in relation to a certification trade mark) a mark used or proposed to be used (a) in relation to goods for the purpose of indicating a connection in the course of trade between the goods and some person having the right either as proprietor or as licensee to use the mark, whether with or without any indication of the identity of that person or distinguishing goods in relation to which the mark is used or proposed to be used from the same kind of goods connected in the course of trade with any person; (b) in relation to services for the purpose of indicating that a particular person is connected, in the course of business, with the provision of those services, whether with or without any indication of the identity of that person or distinguishing services in relation to which the mark is used or proposed to be used from the same kind of services connected in the course of business with any other person; “transmission” means transmission by operation of law, devolution