of the trade mark in Zimbabwe during the period specified in this section as that
within which application may be made.
(5) The application for the registration of a trade mark under this section shall be
made in the same manner as is required in the case of any ordinary application under
this Act, save that proof of application in a Convention country shall be established in
the manner prescribed.
98
Power of Minister to institute actions outside Zimbabwe
It shall be lawful for the Minister to take, in any place outside Zimbabwe, such lawful
steps, whether by way of action or prosecution at law or otherwise, as he thinks fit to
prevent or restrain, or to secure punishment for, the registration, use or application in
relation to, or in respect of, goods not grown, produced or manufactured in Zimbabwe
or services not performed from Zimbabwe of any trade mark or other mark or
description indicating or suggesting or likely to lead to the belief that the goods in
respect of which, or to which, such trade mark or description is used or applied were
grown, produced or manufactured in Zimbabwe or the services in respect of which
such trade mark or description is used or applied were performed from Zimbabwe, as
the case may be.
99
Change of form of trade connection not to be deemed to cause deception or
confusion
The use of a registered trade mark in relation to goods or services between which and
the person using the trade mark any form of connection in the course of trade subsists
shall not be deemed to be likely to cause deception or confusion on the ground only
that the trade mark has been or is used in relation to goods or services between which
and that person or a predecessor in title of his a different form of connection in the
course of trade subsisted or subsists.
100 Jointly owned trade marks
(1) Where the relations between two or more persons interested in a trade mark are
such that no one of them is entitled as between himself and the other or others of
them to use it except—
(a)
on behalf of both or all of them; or
(b)
in relation to an article with which both or all of them are connected in
the course of trade or to services which are performed by both or all of them; those
persons may be registered as joint proprietors of the trade mark, and this Act shall
have effect in relation to any rights to the use of the trade mark vested in those
persons as if those rights had been vested in a single person.
(2) Subject to subsection (1), nothing in this Act shall authorize the registration of
two or more persons who use a trade mark independently or propose so to use it as
joint proprietors thereof.
101
Lodging and authentication of documents
(1) Any application, notice or document authorized or required under this Act to be
lodged, made or given at the Trade Marks Office or to the Registrar or any other
person may be delivered by hand or sent by registered post.
(2) No authentication shall be required in respect of any document lodged in the
Trade Marks Office under this Act or used in proceedings before the Tribunal.
102 Provisions as to fees
(1) Where, under this Act, a fee is payable—
(a)
in respect of the performance of any act by the Registrar, the Registrar
shall not perform that act until the fee has been paid; or
(b)
in respect of the doing of any act by any person other than the
Registrar, the act shall be deemed not to have been done until the fee has been paid;
or
(c)
in respect of the lodging of a document, the document shall be deemed
not to have been lodged until the fee has been paid.
(2) All fees shall be paid at the Trade Marks Office in such manner as the Controller,
with the approval of the Minister, may accept.