under this Part has been committed are seized by a police officer and no prosecution
is instituted following that seizure—
(a)
the magistrate shall, on application by a police officer, cause a notice
to be published in the Gazette and in a newspaper circulating in the area stating that
unless cause is shown to the contrary at the time and place specified in the notice such
goods shall be declared forfeited; and
(b)
at the time and place referred to in paragraph (a) the magistrate may,
unless the owner of the goods or any person acting on his behalf or other person
interested in the goods shows cause to the contrary declare such goods to be forfeited
to the State.
PART XIV
OFFENCES AND PENALTIES
92
Falsification of entries in Register
Any person who—
(a)
makes or causes to be made a false entry in the Register; or
(b)
makes or causes to be made a writing falsely purporting to be a copy
of an entry in the Register; or
(c)
produces or tenders or causes to be produced or tendered in evidence
any writing referred to in paragraph (b), knowing the entry or writing to be false;
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.
[amended by Act 22 of 2001, gazetted on the 1st February, 2002.]
93
Penalty for falsely representing a trade mark as registered
(1) Any person who makes a representation—
(a)
with respect to a mark not being a registered trade mark, to the effect
that it is a registered trade mark; or
(b)
with respect to a part of a registered trade mark not being a part
separately registered as a trade mark, to the effect that it is so registered; or
(c)
to the effect that a registered trade mark is registered in respect of any
goods or services in respect of which it is not registered; or
(d)
to the effect that the registration of a trade mark gives an exclusive
right to the use thereof in any circumstances in which, having regard to limitations
entered on the Register, the registration does not give that right;
shall be guilty of an offence and liable to a fine not exceeding level five.
[amended by Act 22 of 2001, gazetted on the 1st February, 2002.]
(2) For the purposes of subsection (1), the use in Zimbabwe, in relation to a trade
mark, of the word “registered” or of any other word or abbreviation referring,
whether expressly or impliedly, to registration or of a prescribed symbol shall be
deemed to import a reference to registration in the Register, except—
where that word or symbol is used in physical association with other
(a)
words delineated in characters at least as large as those in which that word is
delineated and indicating that the reference is to registration as a trade mark under the
law of a country outside Zimbabwe, being a country under the law of which the
registration referred to is in fact in force; or
(b)
where that word, being a word other than the word “registered”, is of
itself such as to indicate that the reference is to such registration as mentioned in
paragraph (a); or
(c)
where that word or symbol is used in relation to a mark registered as a
trade mark under the law of a country outside Zimbabwe and in relation to goods to
be exported to that country or services to be performed in that country.
94
Deceiving or influencing the Registrar or an officer
(1) Any person who—
(a)
for the purpose of deceiving the Registrar or any other officer of the
Trade Marks Office in the execution of the provisions of this Act; or