makes an order in terms of subsection (3).
(6) Where the name of any trade mark agent has been removed from the Register of
Trade Mark Agents under subsection (1) or (2), his name shall not be restored to that
register except by direction of the Tribunal, which may further direct that such
restoration shall be made either without fee or on payment of such fee, not exceeding
the registration fee, as it may fix, and the Registrar shall restore the name
accordingly.
61
Privileges of legal practitioners and patent agents
Every person entitled to practise as a legal practitioner or patent agent in Zimbabwe
may practise as a trade mark agent and perform the functions set out in section fiftyeight without being registered as a trade mark agent, but no such person shall be
entitled to be so registered except under section fifty-nine.
62
Entitlement to practise as trade mark agent and power of Controller to refuse
to deal with certain agents
(1) No person shall practise as a trade mark agent unless he is registered as such or is,
by virtue of section sixty-one, entitled so to practise.
(2) A person shall be deemed to practise as a trade mark agent if—
(a)
he performs any of the functions of a trade mark agent set out in
section fifty-eight; or
(b)
he carries on within Zimbabwe the business of applying for or
obtaining for others the registration of trade marks in Zimbabwe or elsewhere.
(3) No person who is not a legal practitioner or patent agent or registered as a trade
mark agent shall describe himself as, or hold himself out to be, a trade mark agent or
use any term implying such a meaning, nor shall such a person permit himself to be
so described or held out.
(4) The Controller may refuse to recognize as agent in respect of any business under
this Act any person who, not being a trade mark agent or entitled by virtue of section
sixty-one to practise as a trade mark agent, is, in the opinion of the Controller, having
regard to any other activities of that person, including the number of persons by
whom that person is employed in any capacity and the remuneration received by him,
acting as a trade mark agent in applying for the registration of trade marks in
Zimbabwe or elsewhere in the name, or for the benefit, of one or more persons by
whom he is employed.
(5) Any person who contravenes this section shall be guilty of an offence and liable to
a fine not exceeding level seven or to imprisonment for a period not exceeding two
years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]
63
Prohibition of certain acts of trade mark agents
(1) No trade mark agent shall have an interest, either as a partner or manager or
otherwise, in more than one firm of trade mark agents in Zimbabwe.
(2) No trade mark agent shall practise under a name or title which includes the name
of any person who is not or was not—
(a)
in his lifetime ordinarily resident in Zimbabwe; or
(b)
registered as a trade mark agent under the provisions of this Act or the
repealed legislation.
(3) No person shall practise as a trade mark agent if he is a party to—
(a)
a contract of partnership; or
(b)
an arrangement providing for the sharing or paying over of any
professional fees;
relating to the business of a trade mark agent with any person who is prohibited from
practising as a trade mark agent.
(4) Any person who contravenes this section shall be guilty of an offence and liable to
a fine not exceeding level seven or to imprisonment for a period not exceeding two
years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]