ss 19–22
TRADE MARKS ACT
application for registration, and that date shall be
deemed, for the purposes of this Act, to be the date of
registration:
Provided that—
(i) where the Registrar is satisfied that the
trade mark has been accepted in error or
that, in the special circumstances of the
case, the trade mark should not be registered or should be registered subject to
amendments, modifications, conditions or
limitations or to additional or different
amendments, modifications, conditions or
limitations, he may withdraw the acceptance and proceed as if the application
had not been accepted;
(ii) the provisions of this subsection, relating to
the date as at which a trade mark shall be
registered and to the dale to be deemed to
be the date of registration, shall, as respects a trade mark referred to in subsection (1) of section ninety-seven, have effect
subject to the provisions of that section.
(2) On the registration of a trade mark, the Registrar
shall issue to the applicant a certificate in the prescribed
form of the registration thereof sealed with the seal of
the Trade Marks Office.
(3) Where the registration of a trade mark is not
completed within twelve months from the date of the
application by reason of default on the part of the
applicant, the Registrar may, after giving notice of the
non-completion to the applicant in writing in the
prescribed manner, treat the application as abandoned,
unless it is completed within the time specified in the
notice.
24 Duration and renewal of registration
(1) Subject to subsection (6), the registration of a
trade mark shall be for a period of ten years but may be
renewed from time to time in accordance with the
provisions of this section.
(2) Subject to this section, the registered proprietor
of a trade mark may, in the prescribed manner and
within the prescribed period, renew the registration of
the trade mark for a period of ten years from the
expiration of the last registration.
(3) At the prescribed time before the expiration of
the last registration of a trade mark, the Registrar shall
send notice in the prescribed manner to the registered
proprietor of the date of expiration and the conditions
as to payment of fees and otherwise upon which a
renewal of registration may be obtained and if, at the
expiration of the time prescribed in that behalf, those
conditions have not been duly complied with, the
Registrar may remove the trade mark from the Register,
subject to such conditions, if any, as to its restoration to
the Register as may be prescribed.
(4) Where a trade mark has been removed from the
Register for non-payment of the fee for renewal, it shall
nevertheless, for the purpose of any application for the
registration of a trade mark during one year next after
the date of the removal, be deemed to be a trade mark
that is on the Register:
Provided that this subsection shall not have effect
where the Registrar is satisfied that—
(a) there has been no bona fide trade use in Zimbabwe of the trade mark that has been removed
during the three years immediately preceding its
removal; or
(b)
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no deception or confusion would be likely to
arise from the use of the trade mark that is the
subject of the application for registration by
reason of any
[Chapter 26:04]
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