TRADE MARKS ACT
PART XV
GENERAL
97 Convention arrangements
(1) Where any person who—
(a) has applied for protection of a trade mark in
a Convention country or is the legal representative or assignee of a person who has
made such application; and
(b) applies in terms of this Act, within six
months from the date of the application for
protection in the Convention country, for
registration of the trade mark;
he shall be entitled, if his trade mark is otherwise
registrable in terms of this Act, to registration of his
trade mark in priority to other applicants and the
registration shall have the same date as the date of
the application in the Convention country:
Provided that nothing in this section shall entitle
the proprietor of a trade mark to recover damages
for infringements happening prior to the actual date
on which his trade mark is registered in Zimbabwe.
(2) Where applications have been made for the
registration of a trade mark in two or more Convention countries, the period of six months referred to
in paragraph (b) of subsection (1) shall be reckoned
from the date on which the earlier or earliest of
those applications was made.
(3) Where a person has applied for protection
for a trade mark by an application which in
accordance with—
(a) the terms of a treaty subsisting between any
two or more Convention countries, is equivalent to an application duly made in any one
of those Convention countries; or
(b) the law of any Convention country is
equivalent to an application duly made in
that Convention country; he shall be deemed
for the purposes of this section to have applied in that Convention country.
(4) The registration of a trade mark shall not be
invalidated by reason only of the use of the trade
mark in Zimbabwe during the period specified in
this section as that within which application may be
made.
(5) The application for the registration of a trade
mark under this section shall be made in the same
manner as is required in the case of any ordinary
application under this Act, save that proof of
application in a Convention country shall be
established in the manner prescribed.
98 Power of Minister to institute actions
outside Zimbabwe
It shall be lawful for the Minister to take, in any
place outside Zimbabwe, such lawful steps,
whether by way of action or prosecution at law or
otherwise, as he thinks fit to prevent or restrain, or
to secure punishment for, the registration, use or
application in relation to, or in respect of, goods not
grown, produced or manufactured in Zimbabwe or
services not performed from Zimbabwe of any trade
mark or other mark or description indicating or
suggesting or likely to lead to the belief that the
goods in respect of which, or to which, such trade
mark or description is used or applied were grown,
ss 93–99
produced or manufactured in Zimbabwe or the
services in respect of which such trade mark or
description is used or applied were performed from
Zimbabwe, as the case may be.
99 Change of form of trade connection not
to be deemed to cause deception or
confusion
The use of a registered trade mark in relation to
goods or services between which and the person
using the trade
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