(a) is or are not a trade mark or part of a trade mark; and

(b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and

(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;

(j) " goods" means anything which is the subject of trade or manufacture;

(k) '' Judicial Member'' means a Member of the Appellate Board appointed as such under this Act, and includes the Chairman and the Vice- Chairman;

(l) " limitations" (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within I dia or outside India;

(m) " mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;

(n) " Member" means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairman and the Vice- Chairman;

(o) " name" includes any abbreviation of a name;

(p) " notify" means to notify in the Trade Mark Journal published by the Registrar;

(q) " package" includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;

(r) " permitted use", in relation to a registered trade mark, means the use of trade mark-