World Intellectual Property Organization

Zambia

The Merchandise Marks (Section 7 Suspension) Notice

 

 


SUBSIDIARY LEGISLATION

MERCHANDISE MARKS

SECTION 7-THE MERCHANDISE MARKS (SECTION 7 SUSPENSION) NOTICE

Notice by the Minister

  1. This Notice may be cited as the Merchandise Marks (Section 7 Suspension) Notice.
  2. The operation of subsection (1) of section seven of the Act is suspended in relation to
(a)
the goods specified in the First Schedule to which there is applied an offending mark, namely, a mark containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zambia or the name ofany town, place or district in Zambia;
(b)
(i) the goods specified in Part I of the Second Schedule to which there is applied an offending mark, namely, a mark containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zambia or the name ofany town, place or district in Zambia;
(ii)
the goods specified in Part II of the Second Schedule to which there is applied an offending mark, namely, a mark containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zambia or the name ofany town, place or district in Zambia;

(iii) the goods specified in Part III of the Second Schedule to which there is applied an offending mark, namely, a mark containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zamb ia or the name of any town, place or district in Zambia;

(c)
the goods specified in Part I ofthe Third Schedule to which there is applied an offending mark being a trade mark or trade description which contains a direct or indirect reference to any town, place or district specified in Part II of that Schedule;
(d)
the goods specified in Part I of the Fourth Schedule to which there is applied an offending mark being a trade mark or trade description specified in Part II of that Schedule which contains a direct or indirect reference to any town, place or district specified in Part III of that Schedule;

CAP. 405

Government Notices

154 of 1964 497 of 1964

Statutory

Instrument

47 of 1965

Title

Suspension

(e) the goods specified in Part I of the Fifth Schedule to which there is applied an offending mark being a trade mark or trade description specified in Part II of that Schedule which contains a direct or indirect reference (other than the name of a country applied to those goods so as to indicate that they were manufactured, produced, assembled or mixed in that country) to the country specified in Part III of that Schedule.

FIRST SCHEDULE

(Paragraph 2 (a)) Denatured ethyl alcohol for aircraft use, or partly derived from crude petroleum oils. Products wholly or partly derived from crude petroleum oils. Corrosion preventatives wholly or partly derived from crude petroleum oils. Substances for the prevention or destruction of weeds or pests including sheep and cattle

dips and dipping powders and materials suitable only for dip; substances for the prevention or cure of disease in plants or trees. Substances for the prevention of wood rot and substances for the preservation of wood. Bitumen emulsions wholly or partly derived from crude petroleum oils.

SECOND SCHEDULE

(Paragraph 2 (b))

PART I

Any substance included in the list of poisons published in terms of the Pharmacy and Poisons Act (Chapter 536).

PART II

Any substance sold by a pharmacist, medical practitioner or veterinary surgeon for medicinal purposes.

PART III

Contact lenses and spectacles for sight correction, including frames and lenses for such spectacles.

THIRD SCHEDULE

(Paragraph 2 (c))

PART I

Brake lining rivets.

Internal combustion engines, their parts, equipment and accessories, not being designed specially for aircraft. Fractional horse-power motors. Motor vehicles, parts, spare parts and accessories therefor (but excluding tyres and tubes). Tools, mechanics' and artisans', and workshop appliances.

PART II
Anglia Fargo Pontiac
Austin Harrison Racine
Bedford Hereford Rochester
Belvedere Hudson Saginaw
Bradford Humber Saratoga
Burlington Isis Savoy
Cadillac Kingsway Texas
Cambridge Lincoln Thames
Chicago Luton Toledo
Churchill McKinnon Toranon
Cleveland Monterey Vauxhall
Cowley Montlhery Versailles
Dagenham New Yorker Westminister
Detroit Oxford Windsor
Dodge Plymouth Wolseley

FOURTH SCHEDULE

(Paragraph 2 (d))

PART I

Toilet soap in tablet form, shaving soap and shampoos. Toilet preparations n.e.e., including liquid perfumery, powders, washes, pomatums,

cosmetics, pastes, dyes and hair oils, but not including tooth powders, tooth pastes and tooth washes. Perfumes containing more than 2 per centum of alcohol by volume at a temperature of 51

degrees Fahrenheit. Tooth powders, tooth pastes and tooth washes. Finger nails, slip (artificial nails).

PART II

Helena Rubenstein Steiner
Elizabeth Arden Shulton
Max Factor Gemey
Charles of the Ritz Yardley
Revlon Lentheric
Dorothy Gray Harriet Hubbard Ayer
Richard Hudnut Three Flowers
Northern Wassen Innoxa
Avon Vitapointe
PART III
Cape Town Montreal
Hamburg New York
Hollywood Paris
Leiden Toronto
London Sydney
(As amended by No. 47 of 1965)

FIFTH SCHEDULE

(Paragraph 2 (e))

PART Is Watches PART II

Bernex PART III Switzerland

 

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