distinguish the goods in relation to which the mark is used from the same kind of goods connected in the course of trade with any other person. The words "connection in the course of trade" convey a fairly wide concept and would clearly include the role of manufacturer of or dealer in the goods in question. Where one is considering the use or proposed use of a trade mark in relation to an application (in terms of s. 20 of the Act) by the proprietor thereof for the registration of his mark or in relation to the rights of a registered proprietor, there is no difficulty in applying the statutory definition of "trade mark", quoted above. Where however, the question is whether an alleged 29. infringer of the rights of the proprietor of a registered trade mark has unauthorizedly used a mark "as a trade mark" within the meaning of s. 44(1)(a), then, as pointed out in Chowles and Webster, South African Law of Trade Marks, 2nd ed., at pp. 54-5, in certain situations problems arise in the application of the statutory definition. For example, where A has knowingly used, in relation to goods sold by him, a mark which deceptively resembles the registered trade mark of B for the purpose of indicating a connection in the course of trade between the goods and, not himself, but B, the definition does not appear to apply for B is not the proprietor of the mark used by A (see par. (a) of the definition) and A has not used his mark to distinguish his goods from the 30. same kind of goods connected in the course of trade with other persons, but in order to create confusion as to the origin of the goods (see par. (b) of the definition): yet in such a case, there has clearly been an infringement of A's rights as proprietor of the registered mark. In Chowles and Webster, op. cit., at pp 54-5 it is suggested that in this type of case the statutory definition of "trade mark" may have to be "adapted" when used in relation to the phrase "use as a trade mark" in s. 44(1)(a). Alternatively, the answer may be that in s. 44(1)(a) the words "trade mark" must be given not their statutory definition, but their