PRELIMINARY
1
Short title
This Act may be cited as the Merchandise Marks Act [Chapter 14:13].
2
Interpretation
(1) In this Act—
“apply to”, in relation to goods, means—
(a)
to emboss, impress, engrave, etch or print upon; or
(b)
to weave or otherwise work into; or
(c)
to annex or affix to;
such goods;
“bottle” means a bottle made of glass, earthenware or plastic material;
“covering” means any bottle, box, capsule, case, cask, frame, vessel, wrapper or other
container or cover and includes a band, label, ticket or reel;
“goods” means any thing which is the subject of trade, manufacture or merchandise;
“goods processed externally” means goods—
(a)
assembled in a country other than Zimbabwe; or
(b)
manufactured or produced in a country other than Zimbabwe; or
(c)
the ingredients of which have been mixed in a country other than
Zimbabwe and were manufactured or produced in—
(i)
a country other than that in which they were mixed; or
more than one country;
(ii)
“inspector” means a person who has been appointed as an inspector in terms of
section eighteen;
“Minister” means the Minister of Industry and Commerce or any other Minister to
whom the President may from time to time assign the administration of this Act;
“mix” includes blend;
“name” includes any abbreviation of, or addition to, a name;
“offending mark”, in relation to—
(a)
goods processed externally, means—
(i)
a mark applied to those goods containing any name which is or
purports to be the name of an assembler, a manufacturer, a producer, a trader, or a
mixer in Zimbabwe or the name of any town, place or district in Zimbabwe; or
(ii)
a trade mark or trade description applied to those goods which
contains—
A.
a direct or indirect reference to any town, place or district outside
Zimbabwe; or
B.
otherwise than for the purpose of indicating the country in which the
goods were assembled, manufactured, produced or mixed, a direct or indirect
reference to any country;
(b)
goods assembled, manufactured, produced or mixed in Zimbabwe,
means a trade mark or trade description applied to those goods which contains a
direct or indirect reference to any town, place or district outside Zimbabwe or to any
country other than Zimbabwe;
“sell” includes to offer, advertise, expose, keep, have in possession or prepare for sale
or for any purpose of trade or commerce;
“trade mark” means a mark which is used upon or in connection with goods for the
purpose of indicating that they are, by virtue of manufacture, production, selection,
certification or dealing with or offering for sale, the goods of the proprietor or of a
person who is registered in terms of the Trade Marks Act [Chapter 26:04] as the
registered user thereof.
(2) Any reference in this Act to a trade description shall be construed as a reference to