TRADE MARKS ACT PART XV GENERAL 97 Convention arrangements (1) Where any person who— (a) has applied for protection of a trade mark in a Convention country or is the legal representative or assignee of a person who has made such application; and (b) applies in terms of this Act, within six months from the date of the application for protection in the Convention country, for registration of the trade mark; he shall be entitled, if his trade mark is otherwise registrable in terms of this Act, to registration of his trade mark in priority to other applicants and the registration shall have the same date as the date of the application in the Convention country: Provided that nothing in this section shall entitle the proprietor of a trade mark to recover damages for infringements happening prior to the actual date on which his trade mark is registered in Zimbabwe. (2) Where applications have been made for the registration of a trade mark in two or more Convention countries, the period of six months referred to in paragraph (b) of subsection (1) shall be reckoned from the date on which the earlier or earliest of those applications was made. (3) Where a person has applied for protection for a trade mark by an application which in accordance with— (a) the terms of a treaty subsisting between any two or more Convention countries, is equivalent to an application duly made in any one of those Convention countries; or (b) the law of any Convention country is equivalent to an application duly made in that Convention country; he shall be deemed for the purposes of this section to have applied in that Convention country. (4) The registration of a trade mark shall not be invalidated by reason only of the use of the trade mark in Zimbabwe during the period specified in this section as that within which application may be made. (5) The application for the registration of a trade mark under this section shall be made in the same manner as is required in the case of any ordinary application under this Act, save that proof of application in a Convention country shall be established in the manner prescribed. 98 Power of Minister to institute actions outside Zimbabwe It shall be lawful for the Minister to take, in any place outside Zimbabwe, such lawful steps, whether by way of action or prosecution at law or otherwise, as he thinks fit to prevent or restrain, or to secure punishment for, the registration, use or application in relation to, or in respect of, goods not grown, produced or manufactured in Zimbabwe or services not performed from Zimbabwe of any trade mark or other mark or description indicating or suggesting or likely to lead to the belief that the goods in respect of which, or to which, such trade mark or description is used or applied were grown, ss 93–99 produced or manufactured in Zimbabwe or the services in respect of which such trade mark or description is used or applied were performed from Zimbabwe, as the case may be. 99 Change of form of trade connection not to be deemed to cause deception or confusion The use of a registered trade mark in relation to goods or services between which and the person using the trade 123 [Chapter 26:04]