ss 60–64 (f) has, after being convicted in Zimbabwe or elsewhere of the crime of theft, fraud, forgery or uttering a forged document or perjury, been sentenced to serve a term of imprisonment without the option of a fine, whether such sentence is suspended or not, and has not received a free pardon; or (g) having been entitled to practise as a legal practitioner or patent agent or to be registered as a trade mark agent, has ceased to be so entitled; or (h) having been entitled to practise as a legal practitioner, patent agent or trade mark agent, has ceased to practise as such. (2) An appeal shall lie from any decision of the Registrar under subsection (1). (3) Subject to this section and such procedure as may be prescribed, the Tribunal may order the Registrar to remove the name of any trade mark agent from the Register of Trade Mark Agents or may suspend any trade mark agent from practising as such for such time as it thinks fit if it is satisfied, after due inquiry, that such person has been guilty— (a) of conduct discreditable to a trade mark agent; or (b) of a breach of any regulations prescribing the conduct of trade mark agents. (4) No order shall be made by the Tribunal in terms of subsection (3) unless the trade mark agent concerned has been given notice of any allegations made against him and has had an opportunity to adduce evidence and to be heard. (5) Any institute or other organization recognized by the Minister as being representative of the trade mark agents in Zimbabwe shall be entitled to be represented before, to adduce evidence and to be heard by the Tribunal before it makes an order in terms of subsection (3). (6) Where the name of any trade mark agent has been removed from the Register of Trade Mark Agents under subsection (1) or (2), his name shall not be restored to that register except by direction of the Tribunal, which may further direct that such restoration shall be made either without fee or on payment of such fee, not exceeding the registration fee, as it may fix, and the Registrar shall restore the name accordingly. TRADE MARKS ACT (2) A person shall be deemed to practise as a trade mark agent if— (a) he performs any of the functions of a trade mark agent set out in section fifty-eight; or (b) he carries on within Zimbabwe the business of applying for or obtaining for others the registration of trade marks in Zimbabwe or elsewhere. 61 Privileges of legal practitioners and patent agents Every person entitled to practise as a legal practitioner or patent agent in Zimbabwe may practise as a trade mark agent and perform the functions set out in section fifty-eight without being registered as a trade mark agent, but no such person shall be entitled to be so registered except under section fifty-nine. 62 Entitlement to practise as trade mark agent and power of Controller to refuse to deal with certain agents (1) No person shall practise as a trade mark agent unless he is registered as such or is, by virtue of section sixty-one, entitled so to practise. [Chapter 26:04] (3) No person who is not a legal practitioner or patent agent or registered as a trade mark agent shall describe himself as, or hold himself out to be, a trade mark agent or 112