thereunder; “trade mark” means a mark which is used or proposed to be used in relation to goods or services for the purpose of— (a) indicating a connection in the course of trade between the goods or services and some person having the right, either as proprietor or as registered user, to use the mark, whether with or without any indication of the identity of that person; and (b) 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; but does not include a certification mark; “trade mark agent” means a person who is registered as such in the Register of Trade Mark Agents; “Trade Marks Office” means the Trade Marks Office established under section three; “transmission” means transfer by operation of law, devolution on the legal representative of a deceased person or any other mode of transfer not being assignment; “Tribunal” means the Patents Tribunal established under the Patents Act. (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; and (b) if the mark is capable of being audibly reproduced, as including a reference to the use of an audible reproduction of the mark. (3) Any reference in this Act to the use of a mark— in relation to goods, shall be construed as a reference to the use thereof (a) upon, or in physical or other relation to, goods; (b) in relation to services, shall be construed as a reference to the use thereof in relation to the performance of such services. PART II ADMINISTRATION 3 Trade Marks Office, Controller, Registrar of Trade Marks and other officers (1) There shall be established an office, to be called the Trade Marks Office, for the registration of trade marks and other matters in terms of this Act. (2) The Controller shall exercise general supervision and direction of the Trade Marks Office. (3) There shall be— (a) a Registrar of Trade Marks; and (b) such number of assistant registrars of trade marks, examiners and other officers as may be necessary for the purposes of this Act; and who shall in the performance of their functions under this Act be subject to the control of the Controller, and whose offices shall be public offices and form part of the Public Service. (4) The Registrar, assistant registrars, examiners and other officers shall perform such functions as are conferred upon them in terms of this Act. 4 Seal The seal of the Patent Office kept in terms of the Patents Act shall also be the seal of the Trade Marks Office, and impressions thereof made for the purposes of this Act or the repealed legislation shall be judicially noticed. 5 Register of Trade Marks (1) There shall be kept at the Trade Marks Office for the purposes of this Act a Register of Trade Marks in which shall be entered all trade marks or certification marks, as the case may be, registered in terms of this Act with— (a) the names, addresses and descriptions of their proprietors; and (b) particulars of assignments and transmissions; and