TRADE MARKS ACT 78. 79. 80. Security for costs and taxation of costs. Costs of Registrar. Appeals to Supreme Court. PART XIII PROTECTION OF REGISTERED TRADE MARKS 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. Interpretation of Part XIII. Application of trade mark. Forgery of registered trade mark. Prohibition of forgery of registered trade marks and other acts. Prohibition of sale or importation of goods or performance of services with forged registered trade mark. Provision for restricting importation of goods bearing registered trade mark. Power to require information in respect of imported goods bearing fraudulent marks. Aiding and abetting offence under this Part. Limitation of period of prosecution. Evidence. Forfeiture of goods. PART XIV OFFENCES AND PENALTIES 92. 93. 94. 95. 96. Falsification of entries in Register. Penalty for falsely representing a trade mark as registered. Deceiving or influencing the Registrar or an officer. Witness giving false evidence. Penalties. PART XV GENERAL 97. 98. 99. 100. 101. 102. 103. 104. Convention arrangements. Power of Minister to institute actions outside Zimbabwe. Change of form of trade connection not to be deemed to cause deception or confusion. Jointly owned trade marks. Lodging and authentication of documents. Provisions as to fees. Patent and Trade Marks Journal. Power to make regulations. AN ACT to consolidate and amend the law relating to the registration of trade marks and certification marks; to provide for the registration and control of the practice of trade mark agents; to protect registered trade marks against forgery; and to provide for matters incidental to or connected with the foregoing. [Date of commencement: 1st January, 1975.] PART I PRELIMINARY 1 Short title This Act may be cited as the Trade Marks Act [Chapter 26:04]. “distinguishing guise”, in relation to any goods, means the shape or configuration of containers of the goods; 2 Interpretation (1) In this Act— “appointed day” means the 1st January, 1975; “assignment” means assignment by act of the parties concerned; “certification mark” means a mark registered or deemed to have been registered under Part IX; “Controller” means the Controller of Patents, Trade Marks and Industrial Designs appointed in terms of paragraph (a) of subsection (2) of section 3 of the Patents Act; “Convention country” means a country or territory which the President has, in terms of section 79 of the Patents Act, declared to be a Convention country for the purposes of that Act; [Chapter 26:04] 78