"well-known trade mark", in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.

(2.)    In this Act, unless the context otherwise requires, any reference-

(a)  to "trade mark" shall include reference to "collective mark" or "certification trade mark" ;
(b) to the use of a mark shall be construed as a reference to the use of printed or other visual representation of the mark ;
(c) or  the use of a mark, -
(i)in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods ;
(ii)in relation to services, shall be construed as a reference to the use of the mark as or as part of any statement about the availability, provision or performance of such services ;
(d)to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of Section 3 ;
(e)to the Trade Marks Registry shall be construed as including a reference to any office of the Trade Marks Registry.

(3) For the purposes of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with descriptions of goods and descriptions of services.

(4) For the purposes of this Act, "existing registered trade mark" means a trade mark registered under the Trade and Merchandise Marks Act, 1958 immediately before the commencement of this Act.