ss 99–104
TRADE MARKS ACT
mark any form of connection in the course of trade
subsists shall not be deemed to be likely to cause
deception or confusion on the ground only that the
trade mark has been or is used in relation to goods
or services between which and that person or a
predecessor in title of his a different form of
connection in the course of trade subsisted or
subsists.
103 Patent and Trade Marks Journal
Particulars of applications for the registration of
trade marks and other proceedings or matters
arising under this Act, together with such reports or
cases and other relevant matters as the Controller
may deem fit, shall be published in the Patent and
Trade Marks Journal published in terms of section
95 of the Patents Act.
100 Jointly owned trade marks
(1) Where the relations between two or more
persons interested in a trade mark are such that no
one of them is entitled as between himself and the
other or others of them to use it except—
(a) on behalf of both or all of them; or
(b) in relation to an article with which both or all
of them are connected in the course of trade
or to services which are performed by both
or all of them; those persons may be registered as joint proprietors of the trade mark,
and this Act shall have effect in relation to
any rights to the use of the trade mark vested
in those persons as if those rights had been
vested in a single person.
(2) Subject to subsection (1), nothing in this Act
shall authorize the registration of two or more
persons who use a trade mark independently or
propose so to use it as joint proprietors thereof.
104 Power to make regulations
(1) The Minister may make regulations prescribing anything which under this Act is to be prescribed and generally for the better carrying out of
the objects and purposes of this Act or to give force
or effect to its provisions or for its better administration.
(2) Regulations made in terms of subsection (1)
may provide for—
(a) regulating the practice under this Act,
including the service of documents;
(b) classifying goods and services for the
purposes of registration of trade marks:
(c) making or requiring duplicate representations of trade marks and other documents;
(d) securing and regulating the publishing and
selling or distributing, in such manner as he
thinks fit, of copies and other documents;
(e) regulating the conduct of the business of the
Trade Marks Office;
(f)
the qualifications for eligibility to enter into
articles with a trade mark agent or patent
agent and matters relating to such articles or
service thereunder;
(g) examinations for the qualifications of trade
mark agents in terms of this Act, the recognition for such purpose of qualifications obtained, either in or outside Zimbabwe, and
the fees to be paid in connection with the
registration of trade mark agents;
(h) the professional conduct of trade mark
agents;
(i)
other fees payable under this Act and fees
which may be charged in relation to the conduct of trade mark business by trade mark
agents and by patent agents or legal practitioners performing the functions of trade
mark agents.
(3) Regulations referred to in paragraph (b) of
subsection (2)—
(a) may themselves classify the goods and
services concerned; or
(b) may simply refer to a classification system
prescribed by or set out in any treaty or international agreement, in which event a copy
of the treaty or agreement shall be kept
available for inspection, free of charge, at the
Trade Marks Office.
101 Lodging and authentication of
documents
(1) Any application, notice or document authorized or required under this Act to be lodged, made
or given at the Trade Marks Office or to the
Registrar or any other person may be delivered by
hand or sent by registered post.
(2) No authentication shall be required in respect of any document lodged in the Trade Marks
Office under this Act or used in proceedings before
the Tribunal.
102 Provisions as to fees
(1) Where, under this Act, a fee is payable—
(a) in respect of the performance of any act by
the Registrar, the Registrar shall not perform
that act until the fee has been paid; or
(b) in respect of the doing of any act by any
person other than the Registrar, the act shall
be deemed not to have been done until the
fee has been paid; or
(c) in respect of the lodging of a document, the
document shall be deemed not to have been
lodged until the fee has been paid.
(2) All fees shall be paid at the Trade Marks
Office in such manner as the Controller, with the
approval of the Minister, may accept.
[Chapter 26:04]
124
Select target paragraph3
Add to table of contents