TRADE MARKS ACT use any term implying such a meaning, nor shall such a person permit himself to be so described or held out. (4) The Controller may refuse to recognize as agent in respect of any business under this Act any person who, not being a trade mark agent or entitled by virtue of section sixty-one to practise as a trade mark agent, is, in the opinion of the Controller, having regard to any other activities of that person, including the number of persons by whom that person is employed in any capacity and the remuneration received by him, acting as a trade mark agent in applying for the registration of trade marks in Zimbabwe or elsewhere in the name, or for the benefit, of one or more persons by whom he is employed. (5) Any person who contravenes this section shall be guilty of an offence. ss 54–60 under this Part, be those prevailing in the Supreme Court in so far as the same are applicable, and if any matter should arise which is not contemplated either by such procedure or practice or by such rules, the Tribunal may give instructions regarding the course to be pursued, which instructions shall be binding on all parties. 63 Prohibition of certain acts of trade mark agents (1) No trade mark agent shall have an interest, either as a partner or manager or otherwise, in more than one firm of trade mark agents in Zimbabwe. (2) No trade mark agent shall practise under a name or title which includes the name of any person who is not or was not— (a) in his lifetime ordinarily resident in Zimbabwe; or (b) registered as a trade mark agent under the provisions of this Act or the repealed legislation. (3) No person shall practise as a trade mark agent if he is a party to— (a) a contract of partnership; or (b) an arrangement providing for the sharing or paying over of any professional fees; relating to the business of a trade mark agent with any person who is prohibited from practising as a trade mark agent. (4) Any person who contravenes this section shall be guilty of an offence. PART XII APPEALS AND LEGAL PROCEEDINGS 64 Tribunal to hear appeals (1) Where this Act provides for an appeal from a decision of the Registrar, such appeal shall be made to the Tribunal. (2) For the purposes of this Act, the Minister shall appoint a registrar of the Tribunal and such other officers thereof as he may deem necessary. (3) The Tribunal shall, in connection with any proceedings before it under this Act, have all the powers of the Supreme Court and, without derogation from the generality of the foregoing and of the other powers conferred upon it by this Act, the Tribunal shall have power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of court which the Supreme Court has power to make. (4) The procedure and practice of the Tribunal shall, save as otherwise provided for by rules made (5) Upon any appeal to the Tribunal under this Part, the Tribunal may— 113 [Chapter 26:04]

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