[Date of commencement: 1st January, 1975.]
PART I
PRELIMINARY
1
Short title
This Act may be cited as the Trade Marks Act [Chapter 26:04].
2
Interpretation
(1) In this Act—
“appointed day” means the 1st January, 1975;
“assignment” means assignment by act of the parties concerned;
“certification mark” means a mark registered or deemed to have been registered under
Part IX;
“Controller” means the Controller of Patents, Trade Marks and Industrial Designs
appointed in terms of paragraph (a) of subsection (2) of section 3 of the Patents Act;
“Convention country” means a country or territory which the President has, in terms
of section 79 of the Patents Act, declared to be a Convention country for the purposes
of that Act;
“distinguishing guise”, in relation to any goods, means the shape or configuration of
containers of the goods;
“examiner” means a person appointed in terms of paragraph (b) of subsection (3) of
section three to be an examiner;
“legal representative” means—
(a)
the liquidator or receiver of a company; or
(b)
the representative recognized by law of any person who has died,
become insolvent or bankrupt or assigned his estate, is an infant or a minor. is of
unsound mind or is otherwise under a disability;
“limitations” means any limitations of the exclusive right to the use of a trade mark
given by the registration of a person as proprietor thereof, including limitations of
that right as to—
(a)
the mode of use thereof; or
(b)
the use thereof in relation to goods to be sold or otherwise traded in or
as to services to be performed in any place within Zimbabwe; or
(c)
the use thereof in relation to goods to be exported to, or services to be
performed in respect of, a market outside Zimbabwe;
“mark” includes a distinguishing guise, slogan, device, brand, heading, label, ticket,
name, signature, word, letter or numeral or any combination thereof, whether
rendered in two-dimensional or three-dimensional form;
“Minister” means the Minister of Justice, Legal or Parliamentary Affairs or any other
Minister to whom the President may, from time to time, assign the administration of
this Act;
“patent agent” means a person who is registered in terms of the Patents Act as a
patent agent and is entitled to practise as such;
“Patents Act” means the Patents Act [Chapter 26:03];
“permitted use” means permitted use as defined in subsection (2) of section thirtythree;
“Register” means the Register of Trade Marks kept at the Trade Marks Office under
section five;
“registered trade mark” means a trade mark that is entered in the Register in terms of
this Act;
“registered user” means a person who is for the time being registered as such under
section thirty-three;
“Registrar” means the Controller or the Registrar of Trade Marks or an assistant
registrar of trade marks appointed under paragraph (a) of subsection (3) of section
three;
“repealed legislation” means the Trade Marks Act 1957 (No. 14 of 1957) and any
subsidiary legislation which, immediately before the appointed day, was in force