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