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this Act or the repealed legislation or any matter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]
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