- TABLE OF CONTENTS
- Part IPreliminary (Sections 1-2)
- Part IIAdministration (Sections 3-5)
- Part IIIEffect of Registration and Action for Infringement (Sections 6-11)
- No Action for Infringement of Unregistered Trade Mark
- Registration to be in Respect of Particular Goods or Services
- Infringement of Rights Given by Registration in Part A or Part B
- Infringement by Breach of Certain Restrictions
- Saving of Vested Rights
- Saving of Use of Name, Address or Description of Goods andof Utilitarian Features of Distinguishing Guise
- Part IVRegistrability and Validity of Registration (Sections 12-20)
- Distinctiveness Requisite for Registration in Part A
- Capability of Distinguishing Requisite for Registration in Part B
- Prohibition of Registration or Maintenance of Registration of Deceptive, etc., Matter
- Prohibition of Registration of Identical or Resembling Trade Marks
- Registration in Part A to be Conclusive as to Validity after Five Years
- Registration Subject to Disclaimer
- Requirements in Regard to Blank Spaces
- Words Used as Name or Description of an Article, Substance or Service
- Effect of Limitation as to Colour and of Absence Thereof
- Part VProcedure for, and Duration of, Registration in Part A or Part B (Sections 21-26)
- Part VIAssignment and Transmission (Sections 27-30)
- Part VIIUse and Non-Use (Sections 31-36)
- Removal from Register and Imposition of Limitation
- Defensive Registration of Well Known Trade Marks
- Registered Users
- Proposed Use of Trade Mark by Corporation to be Constituted, etc.
- Use of One of Associated or Substantially Identical Trade Marks Equivalent to Use of Another
- Use of Trade Mark for Export Trade
- Part VIIIRectification and Correction of Register (Sections 37-41)
- General Power to Rectify Entries in Register
- Power to Expunge or Vary Registration for Breach of Condition or Registration of Distinguishing Guise
- Correction of Register
- Alteration of Registered Trade Mark
- Adaptation of Entries in Register to Amended or Substituted Classification of Goods or Services
- Part IXCertification Marks (Sections 42-50)
- Certification Mark to be Distinctive
- Right Given by Registration of Certification Mark
- Application for Registration of Certification Mark
- Advertising of Acceptance of Application
- Rules Governing Use of Certification Mark
- Rectification of Part C of Register
- Assignment or Transmission of Certification Mark
- Appeals Against Refusal by Registered Proprietor to Certify Goods or Services
- Provisions of the Act not Applicable to Certification Mark
- Part XFunctions of Registrar in Relation to Certain Evidence,Documents and Powers (Sections 51-57)
- Part XTrade Mark Agents (Sections 58-63)
- Trade Mark Agents and their Functions
- Qualifications and Registration of Trade Mark Agents
- Removal of Names from Register of Trade Mark Agents
- Privileges of Legal Practitioners and Patent Agents
- Entitlement to Practise as Trade Mark Agent and Power of Controller to Refuse to Deal with Certain Agents
- Prohibition of Certain Acts of Trade Mark Agents
- Part XIIAppeals and Legal Proceedings (Sections 64-80)
- Tribunal to Hear Appeals
- Right of Audience
- Rules
- Assessors
- Time for Appeals
- References to Tribunal by Registrar
- Registration to be Prima Facie Evidence of Validity
- Certification of Validity
- Infringement Action to be Heard in High Court
- Trade Usage, etc., to be Considered
- Registrar’s Appearance in Proceedings Involving R
- Power of Tribunal to Review Decision of Registrar
- Discretion of Tribunal in Appeals
- Procedure in Cases of Option to Apply to Tribunal or Registrar
- Security for Costs and Taxation of Costs
- Costs of Registrar
- Appeals to Supreme Court
- Part XIIIProtection of Registered Trade Marks (Sections 81-91)
- Interpretation in 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 XIVOffences and Penalties (Sections 92-96)
- Part XVGeneral (Sections 97-104)
- Convention Arrangements
- Power of Minister to Institute Actions Outside Zimbabwe
- Change of Form of Trade Connection not to be Deemedto 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
- TABLE OF CONTENTS
Chapter 26:04 Acts 2/1974, 44/1975 (s. 14), 15/1981, 29/1981, 11/1991 (s. 18), 20/1994 (s. 8);
RGN 1135/1975
TABLE OF CONTENTS
Section
Trade Marks Act
Short Title 1
Trade Marks Office, Controller, Registrar of Trade
Marks and Other Officers 3
(Sections 6-11)
No Action for Infringement of Unregistered Trade
Mark6
Registration to be in Respect of Particular Goods or
Infringement of Rights Given by Registration in
Saving of Use of Name, Address or Description of
Goods and of Utilitarian Features of Distinguishing
(Sections 12-20)
Distinctiveness Requisite for Registration in Part A 12
Capability of Distinguishing Requisite for Registration
Prohibition of Registration or Maintenance of
Prohibition of Registration of Identical or Resembling
Registration in Part A to be Conclusive as to Validity
Words Used as Name or Description of an Article,
Thereof20
or Part B (Sections 21-26)
Application for Registration in Part A or Part B 21
Power of Controller to Refuse to Deal with Certain
Agents 62
Tribunal to Hear Appeals 64
Registrar’s Appearance in Proceedings Involving
Procedure in Cases of Option to Apply to Tribunal or
Interpretation in Part XIII 81
Prohibition of Forgery of Registered Trade Marks and
Prohibition of Sale or Importation of Goods or
Performance of Services with Forged Registered
Provision for Restricting Importation of Goods
Power to Require Information in Respect of Imported