registrations.
(2) Any person ordinarily resident in Zimbabwe who—
(a)
has served such period of articles as may be prescribed and has passed
the prescribed qualifying examinations; or
(b)
has passed the prescribed qualifying examinations and produces proof
that he is a member in good standing of The Institute of Trade Mark Agents of the
United Kingdom; or
(c)
produces proof that he holds a qualification recognized by the
Minister as being equivalent to the qualifications required for the purposes of
paragraph (a) or (b);
may make application to the Registrar in the prescribed manner to be registered as a
trade mark agent, and the Registrar shall arrange such registration if he is satisfied
that there is no good reason why it should not be arranged and that the applicant is not
a person whose name could be removed from the Register of Trade Mark Agents
under paragraph (b), (c) or ( f ) of subsection (1) of section sixty:
Provided that an officer in the Public Service who has been employed in the Trade
Marks Office shall not be registered as a trade mark agent or be permitted to practice
as such until at least twelve months have expired since he ceased to be so employed.
(3) Any person who, immediately before the appointed day, was registered as a trade
mark agent in terms of the repealed legislation or was a patent agent shall be
registered in terms of subsection (1) as a trade mark agent.
(4) An appeal shall lie from any decision of the Registrar under subsection (2).
60
Removal of names from Register of Trade Mark Agents
(1) The Registrar may remove from the Register of Trade Mark Agents the name of
any trade mark agent upon proof to his satisfaction that that trade mark agent—
(a)
has died; or
(b)
has become of unsound mind; or
(c)
has been adjudged insolvent under any law in force in Zimbabwe or
has made an assignment to, or composition with, his creditors; or
(d)
has ceased to reside in Zimbabwe or has ceased to maintain a place of
business therein; or
(e)
has applied for his name to be so removed; or
(f)
has, after being convicted in Zimbabwe or elsewhere of the crime of
theft, fraud, forgery or uttering a forged document or perjury, been sentenced to serve
a term of imprisonment without the option of a fine, whether such sentence is
suspended or not, and has not received a free pardon; or
(g)
having been entitled to practise as a legal practitioner or patent agent
or to be registered as a trade mark agent, has ceased to be so entitled; or
(h)
having been entitled to practise as a legal practitioner, patent agent or
trade mark agent, has ceased to practise as such.
(2) An appeal shall lie from any decision of the Registrar under subsection (1).
(3) Subject to this section and such procedure as may be prescribed, the Tribunal may
order the Registrar to remove the name of any trade mark agent from the Register of
Trade Mark Agents or may suspend any trade mark agent from practising as such for
such time as it thinks fit if it is satisfied, after due inquiry, that such person has been
guilty—
(a)
of conduct discreditable to a trade mark agent; or
(b)
of a breach of any regulations prescribing the conduct of trade mark
agents.
(4) No order shall be made by the Tribunal in terms of subsection (3) unless the trade
mark agent concerned has been given notice of any allegations made against him and
has had an opportunity to adduce evidence and to be heard.
(5) Any institute or other organization recognized by the Minister as being
representative of the trade mark agents in Zimbabwe shall be entitled to be
represented before, to adduce evidence and to be heard by the Tribunal before it