TRADE MARKS ACT
and may draw and sign all documents and make all
communications between an applicant and the Trade
Marks Office and may represent an applicant at all
attendances before the Registrar.
(2) A trade mark agent shall not be guilty of an
offence under any enactment prohibiting the
preparation for reward of certain documents by
persons not legally qualified by reason only of the
preparation or signature by him of any document
relating to trade marks for use in the Trade Marks
Office or required in any proceedings under this Act
before the Registrar or the Tribunal.
59 Qualifications and registration of trade
mark agents
(1) The Registrar shall—
(a) keep a Register of Trade Mark Agents in
which the name of every person, immediately
upon his being accepted for registration, shall
be registered, showing against his name such
particulars as the Registrar shall from time to
time deem necessary; and
(b) enter in such Register of Trade Mark Agents
all changes relating to registrations.
(2) Any person ordinarily resident in Zimbabwe
who—
(a) has served such period of articles as may be
prescribed and has passed the prescribed
qualifying examinations; or
(b) has passed the prescribed qualifying examinations and produces proof that he is a member
in good standing of The Institute of Trade
Mark Agents of the United Kingdom; or
(c) produces proof that he holds a qualification
recognized by the Minister as being equivalent to the qualifications required for the purposes of paragraph (a) or (b);
may make application to the Registrar in the
prescribed manner to be registered as a trade mark
agent, and the Registrar shall arrange such registration if he is satisfied that there is no good reason
why it should not be arranged and that the applicant
is not a person whose name could be removed from
the Register of Trade Mark Agents under paragraph
(b), (c) or (f) of subsection (1) of section sixty:
Provided that an officer in the Public Service who
has been employed in the Trade Marks Office shall
not be registered as a trade mark agent or be
permitted to practice as such until at least twelve
months have expired since he ceased to be so
employed.
(3) Any person who, immediately before the
appointed day, was registered as a trade mark agent
in terms of the repealed legislation or was a patent
agent shall be registered in terms of subsection (1)
as a trade mark agent.
(4) An appeal shall lie from any decision of the
Registrar under subsection (2).
60 Removal of names from Register of
Trade Mark Agents
(1) The Registrar may remove from the Register
of Trade Mark Agents the name of any trade mark
agent upon proof to his satisfaction that that trade
mark agent—
(a) has died; or
(b) has become of unsound mind; or
(c)
has been adjudged insolvent under any law in
force in Zimbabwe or has made an assignment to, or composition with, his creditors; or
(d)
has ceased to reside in Zimbabwe or has
ceased to maintain a place of business therein;
or
(e)
has applied for his name to be so removed; or
111
ss 54–60
[Chapter 26:04]
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