Zimbabwe Act To amend the Trade Marks Act [Chapter 26:04]
Enacted by the President and the Parliament of Zimbabwe.
Short Title and Date of Commencement
1.—(1) This Act may be cited as the Trade Marks Amendment Act, 2001.
(2) This Act shall come into operation on a date to be fixed by the President by statutory
instrument.
Amendment of Section 2 of Cap. 26:04
2. Section 2 of the Trade Marks Act [Chapter 26:04] (hereinafter called “the principal Act”) is
amended in subsection, (1)—
(a) by the repeal of the definition of “mark” and the substitution of—
““mark” means any sign which can be represented graphically and is capable of distinguishing the
goods or services of one undertaking from those of other undertakings;”;
(b) by the repeal of the definition of “Tribunal” and the substitution of—
““Tribunal” means the Intellectual Property Tribunal established by section 3 of the Intellectual
Property Tribunal Act [Chapter 26:08];”.
Amendment of Section 5 of Cap. 26:04
3. Section 5 of the principal Act is amended by the repeal of subsection (2) and the substitution
of—
“(2) The Register shall be divided into the following Parts—
(a) Part A, for the registration of distinctive marks that are registrable in terms of section twelve; and
(b) Part B, for the registration of marks that are capable of distinguishing goods and services, as provided
in section thirteen; and
(c) Part C, for the registration of certification marks as provided in Part IX; and
(d) Part D, for the registration of defensive trade marks as provided in section thirty-two; and
(e) such other Parts as the Controller may from time to time determine, for the registration of such other
classes of marks as may be provided for by or in teens of this Act.”.
Amendment of Section 6 of Cap. 26:04
4. Section 6 of the principal Act is amended in the proviso by the insertion after “other person” of
“for unlawful competition or”
Amendment of Section 8 of Cap. 26:04
5. Section 8 of the principal Act is amended—
(a) by the repeal of subsection (1) and the substitution of—
“(1) Subject to this section and to sections ten and eleven, a registered trade mark shall be
infringed by any unauthorised use in the course of trade, whether as a trade mark or otherwise, of a mark
that is identical to the registered trade mark or so nearly resembling it as to be likely to deceive or cause