ss 86–93 (c) to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not registered; or (d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the Register, the registration does not give that right; shall be guilty of an offence and liable to a fine not exceeding five hundred dollars. (2) For the purposes of subsection (1), the use in Zimbabwe, in relation to a trade mark, of the word “registered” or of any other word or abbreviation referring, whether expressly or impliedly, to registration or of a prescribed symbol shall be deemed to import a reference to registration in the Register, except— (a) where that word or symbol is used in physical association with other words delineated in characters at least as large as those in which that word is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside Zimbabwe, being a country under the law of which the registration referred to is in fact in force; or (b) where that word, being a word other than the word “registered”, is of itself such as to indicate that the reference is to such registration as mentioned in paragraph (a); or (c) where that word or symbol is used in relation to a mark registered as a trade mark under the law of a country outside Zimbabwe and in relation to goods to be exported to that country or services to be performed in that country. 94 Deceiving or influencing the Registrar or an officer (1) Any person who— (a) for the purpose of deceiving the Registrar or any other officer of the Trade Marks Office in the execution of the provisions of this Act; or (b) for the purpose of procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder; makes or submits a false statement or representation, whether orally or in writing, knowing the same to be false, shall be guilty of an offence. (2) Any person who, having innocently made a false statement or representation, whether orally or in writing, for the purpose of procuring or influencing the doing or omission of anything in relation to this Act or the repealed legislation or any matter thereunder and who, on becoming aware that such statement or representation was false, fails to advise the Registrar forthwith of such falsity shall be guilty of an offence. TRADE MARKS ACT 96 Penalties Save where otherwise specially provided in this Act, any person who is guilty of an offence under this Act shall be liable to a fine not exceeding two thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 95 Witness giving false evidence Any person who, after having been sworn, wilfully gives false evidence before the Registrar or the Tribunal concerning the subject matter of the proceeding in question, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence. [Chapter 26:04] 122