Rev. 2009] Trade Marks CAP. 506 9 on the personal representative of a deceased person and any other mode of transfer not being assignment; “tribunal” means the court or, subject to the provisions of section 53, the Registrar; (2) Any reference in this Act to the use of a mark shall be construed(a) as a reference to the use of a printed or other visual representation of the mark and, in the case of a distinguishing guise, to the use of such distinguishing guise; (b) if the mark is capable of being audibly reproduced, as including a reference to the use of an audible reproduction of the mark; (c) in relation to goods, as a reference to the use thereof upon or in physical or other relation to goods; and (d) in relation to services, as a reference to the use thereof in relation to the performance of such services. Appointment of 3. (1) The Director shall be the Registrar of Trade Marks under Registrar and other and for the purposes of this Act. officers. 13 of 1978, Sch., (2) The appointment of the officers required for the purposes of 7 of 1990, this Act shall be made in accordance with the provisions of the Industrial 7 of 2007, No. 3 of 2001. Property Act, 2001. (3) The Registrar shall have a seal of such device as may be approved by the Minister. (4) Impressions of such seal or stamp shall be judicially noticed and admitted in evidence. (5) Any act or thing directed to be done by or to the Registrar may be done by or to the Deputy Registrar of Trade Marks or any Assistant Registrar of Trade Marks. (6) The Minister may, on the recommendation of the Board, whenever he deems it necessary or appropriate, appoint an advocate of the High Court of Kenya with at least seven years’ working experience in matters relating to intellectual property, to assist the Registrar in the performance of any of the functions or the exercise of any of the powers conferred upon the Registrar under this Act with respect to the conduct of hearings relating to opposition to applications for registration or