WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
InteHectual Property Rights I]>~!l!Z10VE!T/l 
13 August 2002 
(02-4428) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
ZIMBABWE 
The present document reproduces the textl of the following laws and regulations, as notified by Zimbabwe 
under Article 63.2 ofthe Agreement (see document IPINIVZWEI2): 
Trade Marks Act (Chapter 26:04). 
Trade Marks Amendment Act, 2001. 
Conseil des aspects des droits de propriete 
inteHectueUe qui toucllent au commerce 
PRINCIP ALES LOIS ET REGLEMENT A TIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE VARTICLE 63:2 DE VACCORD 
ZIMBABWE Page 
2 
60 
Le present document contient le texte1 des lois et reglementations ci-apres, notifiees par le Zimbabwe au titre 
de I'article 63:2 de J'Accord (voir le document IPINIlIZWE/2): 
Loi sur les marques de fabrique ou de commerce (chapitre 26:04) 
Loi de 2001 portant modification de la Loi sur les marques de fabrique ou de commerce 
Consejo de los Aspectos de los Derecllos de Propiedad 
Intelectuai relacionados con el Comercio 
PRlNCIPALES LEYES Y REGLAMENTOS DEDlCADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P .ARRAFO 2 DEL 
ARTicULO 63 DEL ACUERDO 
ZIMBABWE Page 
2 
60 
En el presente documento se reproduce el textol de las siguientes leyes y reglamentos que Zimbabwe 
notifico de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IPINII IZWE12): 
Ley de Marcas de Fabrica 0 de Comercio (capitulo 26.04) 
Ley de Modificaci6n de la Ley de Marcas de Fabrica ode Comercio, 2001 
I In English only.lEnanglais seulcment.lEn ingles solamente. Pagina 
2 
60 IPINIlIZWE/TI 1 
Page 2 
CHAPTER 26:04 
TR.illE MARKS ACT 
Acts 211974,4411975 (s. 14), 1511981,2911981,1111991 (s. 18),2011994 (s. 8); RGN 
113511975. 
Section 
l. 
2. Short title. 
Interpretation. ARRANGEMENT OF SECTIONS 
PART I 
PRELlMINARY 
PART II 
ADMINISTRATION 
3. Trade Marks Office, Controller, Registrar of Trade Marks and other officers. 
4. Seal. 
5. Register of Trade Marks. 
PART HI 
EFFECT OF REGISTRATION AND ACTION FOR INFRINGEMENT 
6. No action for infringement of unregistered trade mark. 
7. Registration to be in respect of particular goods or services. 
8. Infringement of rights given by registration in Part A or Part B. 
9. Infringement by breach of certain restrictions. 
10. Saving of vested rights. 
11. Saving of use of name, address or description of goods and of utilitarian features 
of distinguishing guise. 
PART IV 
REGISTRABILITY AND VALIDITY OF REGISTRATION 
12. Distinctiveness requisite for registration in Part A. 
13. Capability of distinguishing requisite for registration in Part B. 
14. Prohibition of registration or maintenance of registration of deceptive, etc., matter. 
15. Prohibition of registration of identical or resembling trade marks. 
16. Registration in Part A to be conclusive as to validity after five years. 
17. Registration subject to disclaimer. 
18. Requirements in regard to blank spaces. 
19. Words used as name or description of an article, substance or service. 
20. Effect of limitation as to colour and of absence thereof. PART V IPINII/ZWE/TIl 
Page 3 
PROCEDURE FOR, A.~l) DURATION OF, REGISTRATION IN PART A OR PART B 
2 L Application for registration in Part A or Part B. 
22. Opposition to registration and appeals. 
23. Registration. 
24. Duration and renewal of registration. 
25. Registration of parts of trade marks. 
26. . Registration of trade marks as a series. 
PART VI 
ASSIGNMENT A.ND TRANSMISSION 
27. Powers of, and restriction on, assignment and transmission. 
28. Power of registered proprietor to assign and give receipts. 
29. Registration of assignments and transmissions. 
30. Certain trade marks to be associated so as to be assignable and transmissible as a 
whole only. 
PART VII 
USE AND NON-USE 
31. Removal from Register and imposition of limitation. 
32. Defensive registration of well known trade marks. 
33. Registered users. 
34. Proposed use of trade mark by corporation to be constituted, etc. 
35. Use of one of associated or substantially identical trade marks equivalent to use of 
another. 
36. Use of trade mark for export trade. 
PART VIII 
RECTIFICATION AND CORRECTION OF REGISTER 
37. General power to rectify entries in Register. 
38. Power to expunge or vary registration for breach of condition or registration of 
distinguishing guise. . 
39. Correction of Register. 
40. Alteration of registered trade mark. 
41. Adaptation of entries in Register to amended or substituted classification of goods 
or services. IPIN/l/ZWE/TIl 
Page 4 
PART IX 
CERTIFICATION MARKS 
42. Certification mark to be distinctive. 
43. Right given DY registration of certification mark. 
44. Application for registration of certification mark. 
45. Advertising of acceptance of application. 
46. Rules governing use of certification mark. 
47. Rectification of Part C of Register. 
48. Assignment or transmission of certification mark. 
49. Appeals against refusal by registered proprietor to certify goods or services. 
50. Provisions of the Act not applicable to certification mark. 
PART X 
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND 
POWERS 
51. Preliminary advice by Registrar as to distinctiveness, deceptiveness, etc. 
52. Hearing before exercise bfRegistrar's discretion. 
53. Evidence of certain entries and documents. 
54. Inspection of documents. 
55. Power of Registrar to award costs. 
56. Proceedings before Registrar. 
57. Advertisements to be approved by Registrar. 
PART XI 
TRADE MARK AGENTS 
58. Trade mark agents and their functions. 
59. Qualifications and registration of trade mark agents. 
60. Removal of names from Register of Trade Mark Agents. 
61. Privileges of legal practitioners and patent agents. 
62. Entitlement to practise as trade mark agent and power of Controller to refuse to 
deal with certain agents. 
63. Prohibition of certain acts of trade mark agents. 
PART XII 
APPEALS AND LEGAL PROCEEDINGS 
64. Tribunal to hear appeals. 
65. Right of audience. 
66. Rules. 
67. Assessors. 
68. Time for appeals. 
69. References to Tribunal by Registrar. 70. Registration to beprimajacie evidence of validity. 
71. Certification of validity. 
72. Infringement action to be heard in High Court. 
73. Trade usage, etc., to be considered. _ 
74. Registrar's appearance in proceedings involving rectification. 
75. Power of Tribunal to review decision of Registrar. 
76. Discretion of Tribunal in appeals. 
77. Procedure in cases of option to apply to Tribunal or Registrar. 
78. Security for costs and taxation of costs. 
79. Costs of Registrar. 
80. Appeals to Supreme Court. 
PART XIII 
PROTECTION OF REGISTERED TRADE I'vfARKS 
81. Interpretation of Part XIII. 
82. Application of trade mark. 
83. Forgery of registered trade mark. 
84. Prohibition of forgery of registered trade marks and other acts. JP INI1IZWE/T 11 
Page 5 
85. Prohibition of sale or importation of goods or performance of services with forged 
registered trade mark. 
86. Provision for restricting importation of goods bearing registered trade mark. 
87. Power to require information in respect of imported goods bearing fraudulent 
marks. 
88. Aiding and abetting offence under this Part. 
89. Limitation of period of prosecution. 
90. Evidence. 
91. Forfeiture of goods. 
PART XIV 
OFFENCES AND PENAL TIES 
92. Falsification of entries in Register. 
93. Penalty for falsely representing a trade mark as registered. 
94. Deceiving or influencing the Registrar or an officer. 
95. Witness giving false evidence. 
96. Penalties. 
PART XV 
GENERAL 
97. Convention arrangements. 
98. Power of Minister to institute actions outside Zimbabwe. 
99. Change of form of trade connection not to be deemed to cause deception or 
confusion. 
100. Jointly owned trade marks. 
101. Lodging and authentication of documents. 
102. Provisions as to fees. 
103. Patent and Trade Marks Journal. 
104. Power to make regulations. IP/N/l/ZWE/TIl 
Page 6 
Al"\{ ACT to consolidate and amend the law relating to the registration of trade marks 
and certification marks; to provide for the registration and control of the practice of 
trade mark agents; to protect registered trade marks against forgery; and to provide 
for matters incidental to or connected with the foregoing. 
[Date of commencement: 1 January 1975.] 
PART I 
PRELIMINARY (sections 1-2) 
1 Short tttl~ 
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; 
I 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; 
'distingnishing gnise!, 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) 
(b) the liquidator or receiver of a company; or 
the representative recognized by law of any person who has died, become insolvent 
or bankrUpt Of assigned his estate, is an infant or a minof. 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; Of 
(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; IPlNllIZWE/TIl 
Page 7 
'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 thirty-three; 
'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 su~h under 
section thirty-three; 
!Regi~trar! 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 thereunder; 
'trade mark' means a mark which is used or proposed to be used in relation to goods or 
services for the purpose of-
(a) indicating a connection in the course of trade between the goods or services and 
some person having the right, either as proprietor or as registered user, to use the 
mark, whether with or without any indication of the identity of that person; and 
Cb) distinguishing the goods or services in relation to which the mark is used or 
proposed to be used, from the same kind of goods or services connected in the 
course of trade with any other person; 
but does not include a certification mark; 
'trade mark agent' means a person who is registered as such in the Register of Trade 
Mark Agents; 
'Trade Marks Office' means the Trade Marks Office established under section three; 
'transmission! means transfer by operation of law, devolution on the legal representative 
of a deceased person or any other mode of transfer not being assignment; IP/N/I/ZWE/T/l 
Page 8 
'Tribunal' means the Patents Tribunal established under the Patents ACt. 
(2) Any reference in this Act to the use of a mark shall be construed-
(a) as a reference to the use of a printed or other visual representation ofthe mark and, 
in the case of a distinguishing guise, to the use of such distinguishing guise; and 
(b) if the mark is capable of being audibly reproduced, as including a reference to the 
use of an audible reproduction of the mark. 
(3) Any reference in this Act to the use of a mark-
(a) in relation to goods, shall be construed as a reference to the use thereof upon, or in 
physical or other relation to, goods; 
(b) in relation to services, shall be construed as a reference to the use thereof in relation 
to the performance of such services, 
PARTII 
ADMINISTRATION (sections 3-5) 
3 Trade Marks Office, Controller, Registrar of Trade Marks and other officers 
(1) There shall be established an office, to be called the Trade Marks Office, for the 
registration of trade marks and other matters in terms of this Act. 
(2) The Controller sha.ll exercise general sl.IpeNiSioh and direction of the Trade Marks 
Office. 
(3) There shall be-
(a) a Registrar of Trade Marks; and 
(b) such number of assistant registrars of trade marks, examiners and other officers as 
may be necessary for the purposes of this Act; and 
who shall in the performance of their functions under this Act be subject to the control of the 
Controller, and whose offices shall be public offices and form part of the Public Service. 
(4) The Registrar, assistant registrars, examiners and other officers shall perform such 
functions as are conferred upon them in terms of this Act. 
4 Seal 
The seal of the Patent Office kept in terms of the Patents Act .shall also be the seal of the 
Trade Marks Office, and impressions thereof made for the purposes of this Act or the 
repealed legislation shall be judicially noticed. 
5 Register of Trade Marks 
(1) There shall be kept at the Trade Marks Office for the purposes of this Act a Register 
of Trade Marks in which shall be entered all trade marks or certification marks, as the case 
may be, registered in terms of this Act with-
(a) the names, addresses and descriptions of their proprietors; and 
(b) particulars of assignments and transmissions; and (c) the names, addresses and descriptions of all registered users; and IPINIliZWE/TI 1 
Page 9 
(d) disclaimers, conditions, limitations and such other matters relating to such trade 
marks or certification marks as may be prescribed. 
(2) The Register shall be divided into four parts which shall be known as Part A, Part B, 
Part C and Part D, respectively. 
(3) All registers of trade marks established and kept under the repealed legislation shall, 
under arrangements made by the Controller with the approval of the Minister, be 
incorporated with and form part of the Register of Trade Marks established under subsection 
(1) so, however, that such arrangements shall in no way be deemed to extend the term and 
effect of any trade mark or certification mark registered in such registers beyond the term and 
effect provided in respect of such mark by this Act, and the trade marks or certification marks 
so registered shall be deemed to have been registered in terms of this Act. 
(4) The Register shall be prima facie evidence of any matter required or authorized by or 
under this Act to be entered therein or which was required or authorized by or under the 
repealed legislation to be entered in a register of trade marks referred to in subsection (3). 
PARTIIJ 
EFFECT OF REGISTRATION AND ACTION FOR 
INFRINGEl\rIENT (sections 6-11) 
6 No action for infringement of unregistered trade mark 
No person shall be entitled to institute any proceedings to prevent, or to recover damages 
for, the infringement of an unregistered trade mark: 
Provided that nothing in this Act shall affect the right of any person, at common law, to 
bring an action against any other person for passing off goods or services as the goods or 
services of another person. 
7 Registration to be in respect of particular goods or services 
(1) A trade mark shall be registered in respect of a particular class or particular classes of 
goods or services or in respect of goods or services falling in such class or classes in 
accordance with such classification as may be prescribed. 
(2) Any question arising as to the class within which any goods or services fall shall be 
determined by the Registrar whose decision shall be final. 
8 Infringement of rights given by registration in Part A or Part B 
(1) Subject to this section and sections ten and eleven, the rights acquired by registration 
of a trade mark in Part A or Part B of the Register shall be infringed by-
(a) unauthorized use as a trade mark in relation to goods or services in respect ofwmch 
the trade mark is registered, of a mark identical with it or so nearly resembling it as 
to be likely to deceive or cause confusion; or 
(b) unauthorized use in the course of trade, otherwise than as a trade mark, of a mark 
identical with it or so nearly resembling it as to be likely to deceive or cause 
confusion if such use is-IPINI1IZWE/TIl 
Page 10 
(i) in relation to or in connection with goods or services in respect of which the 
trade mark is registered; and 
(ii) likely to cause injury or prejudice to the proprietor ofthe trade mark. 
(2) In the case of a trade mark registered in Part B of the Register, no interdict or other 
relief shall be granted in an action for infringement by virtue of paragraph (a) of subsection 
(1) if the defendant establishes to the satisfaction of the court that the use of which the 
plaintiff complains is not likely to be taken as indicating a connection in the course of trade 
between the goods or services concerned and some person having the right, either as 
proprietor or as registered user, to use the trade mark. 
(3) The right to the use of a trade mark given by registration in Part A or Part B of the 
Register shall be subject to any conditions or limitations entered on the Register and shall not 
be deemed to be infringed by the use of that trade mark in any mode-
Ca) in relation to goods to be sold or otherwise traded in, or services to be performed, in 
any place; or 
Cb) in relation to goods to be exported to, or services to be performed for, any market; or 
( c) in any other circumstances; 
to which, having regard to any such conditions or limitations, the registration does not 
extend. 
(4) The right to the use of a trade mark given by registration in Part A or Part B of the 
Register shall not be deemed to be infringed by the use of that trade mark by any person-
(a) in relation to goods connected in the course of trade with the proprietor or registered 
user of that trade mark if, as to those goods or a bulk of which they form a part, the 
proprietor or the registered user conforming to the permitted use has-
(i) applied that trade mark and has not subsequently removed or obliterated it; or 
(ii) at any time expressly or impliedly consented to the use of that trade mark; or 
Cb) in relation to goods adapted to form part of, or to be accessory to, other goods in 
relation to which that trade mark has been used without infringement of the right 
given by paragraph Ca) of subsection (1) or might for the time being be so used, if-
(i) the use of that trade mark is reasonably necessary in order to indicate that the 
goods are so adapted; and 
(ii) neither the purpose nor the effect of the use of that trade mark is to indicate 
otherwise than in accordance with the fact a connection in the course of trade 
between any person and the goods. 
(5) The use of a registered trade mark, being one of two or more registered trade marks 
that are identical or nearly resemble each other, in the exercise of the right to the use of that 
trade mark given by registration in Part A or Part B of the Register shall not be deemed to be 
an infringement of the right so given to the use of any other of those tr/ade marks. 9 Infringement by breach of certain restrictions IP/N/1/ZWE/TIl 
Page 11 
(1) Where, by a contract in writing made with the proprietor or a registered user of a 
registered trade mark, a purchaser or owner of goods or person performing services enters 
into an obligation to the effect that he will not do, in relation to the goods or services, an act 
specified in subsection (2), any person who, being the owner for the time being of the goods 
or person for the time being performing the services, as the case may be, and having notice of 
the obligation, does that act or authorizes it to be done, in relation to the goods or services, in 
the course of trade or with a view to any dealing therewith in the course of trade shall be 
deemed thereby to infringe the right to the use of the trade mark given by the registration 
thereof, unless that person became the owner of the goods or person performing the services. 
as the case may be-
(a) by purchase for money or money's worth in good faith before receiving notice of the 
obligation; or 
(b) by virtue of a title derived through another who became the owner as mentioned in 
paragraph (a). 
(2) The acts specified for the purposes of subsection (l) are-
(a) the application of the trade mark upon the goods after they have suffered alteration 
in any manner specified in the contract as respects their state or condition, get.;.up or 
packing; 
(b) the application of the trade mark in relation to cervices after they have suffered 
alteration in any manner specified in the contract as respects their performance; 
(c) in a case in which the trade mark is upon the goods or in relation to the services, the 
alteration, part removal or part obliteration thereof; 
(d) in a case in which the trade mark is upon the goods or in relation to the services and 
there is also there on or in relation thereto other matter, being matter indicating a 
connection in the course of trade between the proprietor or registered user and the 
goods or services, the removal or obliteration, whether wholly or partly, of the trade 
mark unless that other matter is wholly removed or obliterated; 
(e) in a case in which the trade mark is upon the goods or in relation to the services, the 
application of any other trade mark to the goods or in relation to the services; 
(j) in a case in which the trade mark is upon the goods or in relation to the services, the 
addition to the goods or in relation to the services of any other matter in writing that 
is likely to cause injury or prejudice to the reputation of the trade mark. 
(3) In this section-
(a) any reference, in relation to goods or services, to-
(i) the proprietor shall be construed as a reference to the proprietor in whose name 
the trade mark is registered in respect of those goods or services; 
(ii) a registered user shall be construed as a reference to the person who is the 
registered user of the trade mark in respect of those goods or services; 
(iii) the registration of a trade mark shall be construed as a reference to the 
registration of the trade mark in respect of those goods or services; IPINIlIZWE/TIl 
Page 12 
(b) the expression 'upon" when used in relation to any goods, includes a reference to 
physical relation thereto. 
10 Saving of vested rights 
N otbing in this Act shall entitle the proprietor or a registered user of a registered trade 
mark to interfere with or restrain the use by any person of a trade mark identical with or 
nearly resembling it, in relation to goods or services in relation to which that person or a 
predecessor in title of his has continuously used that trade mark from a date anterior to-
(a) the use of the first-mentioned trade mark in relation to those goods or services by 
the proprietor or a predecessor in title of his; or 
(b) the registration of the first-mentioned trade mark in respect of those goods or 
services in the name of the proprietor or a predecessor in title ofbis; 
whichever is the earlier, or, on such use being proved, to object to that person being 
registered in the Register for that identical or nearly resembling trade mark in respect of 
those goods or services under subsection (2) of section fifteen. 
Saving of use of name, address or description of goods and of utilitarian features 
of distinguishing guise 
(1) The registration of a trade mark shall not interfere with­
(a) any bona fide use by a person of-
(i) his own name or the name ofms place of business; or 
(ii) the name of any of his predecessors in business or the name of any such 
predecessor!s place of business; or 
(b) the use by any person of any bonafide description ofthe character or quality of his 
goods or services. 
(2) The registration of a distinguishing guise shall not prevent the bona fide use by any 
person of any utilitarian or functional feature embodied in that distinguishing guise. 
PART IV 
REGISTRABILITY AND VALIDITY OF REGISTRATION (sections 12-20) 
12 Distinctiveness :requisite for registration in Pa:rt A 
(1) In order to be registrable in Part A of the Register, a trade mark shall contain or 
consist of at least one of the following essential particulars-
(a) the name of a company, individual or fIrm, represented in a special or particular 
manner; 
(b) the signature of the applicant for registration or some predecessor in his business; 
(c) an invented word or invented words; IPlNll/ZWE/T/l 
Page 13 
(d) a word or words having no direct reference to the character or quality of the goods 
or services concerned and not being, according to its or their ordinary signification, 
a geographical name or a surname: 
Provided that a word or words shall not be regarded as being, according to its or 
their ordinary signification, a geographical name or a surname if the trade mark 
contains an additional essential particular that makes the intended significance clear 
beyond doubt; 
(e) any other distinctive mark: 
Provided that a name, signature or word which does not, or words which do not, fan 
within the descriptions in paragraphs (a), (b), Cc) and (d) shall not be registrable under the 
provisions of this paragraph except upon evidence of its or their distinctiveness. 
(2) For the purposes of subsection (1)-
'distinctive' means apt, in relation to the goods or services in respect of which the trade 
mark is proposed to be registered, to distinguish goods or services with which the proprietor 
of the trade mark is or may be connected in the course of trade from goods or services in the 
case of which no such connection subsists, either generally or, where the trade mark is 
proposed to be registered subject to limitations, in relation to use within the extent of the 
registration. 
(3) In determining whether a trade mark is apt to distinguish as mentioned in subsection 
(2), the Registrar may have regard to the extent to which-
(a) the trade mark is inherently apt to distinguish as aforesaid; and 
(b) by reason of the use of the trade mark or of any other circumstances, the trade mark 
is in fact apt to distinguish as aforesaid. 
(4) Where-
(a) an application has been made for registration of a trade mark in Part A of the 
Register; and 
Cb) before the date ofthe application-
(i) the trade mark was, with the consent and authority of the applicant, used by a 
person other than the applicant and the applicant exercised control over the 
character or quality of the goods or services of that other person in respect of 
which the trade mark was used; and 
(ii) the use of the trade mark by that other person was in accordance with any 
conditions set out in the application referred to paragraph (c); and 
(iii) the connection in the course of trade that existed between the applicant and that 
other person was made known; and 
(c) an application has been made by the applicant and that other person for the 
registration of that other person as a registered user of the trade mark; and 
(d) the Registrar is satisfied that that other person would be entitled to be registered as a 
registered user of the trade mark immediately after the registration of the trade 
mark; IP/NIlIZWE/TI 1 
Page 14 
the Registrar may, for the purpose of determining whether the trade mark is distinctive of the 
goods or services of the applicant, treat the use of the trade mark by that other person as 
equivalent to the use of the trade mark by the applicant. 
(5) Notwithstanding anything to the contrary contained in this section, a distinguishing 
guise shall only be registrable in Part A of the Register if-
(a) it has been so used in Zimbabwe by the applicant or his predecessor in title as to 
have become distinctive at the date of the application; and 
(b) the registration of that distinguishing guise, in relation to the goods concerned, is not 
likely to limit unreasonably the development of any art or industry. 
(6) A trade mark may be registered in Part A of the Register notwithstanding any 
registration in Part B of the Register in the name of the same proprietor ofthe same trade 
mark or any part or parts thereof. 
(7) An appeal shall lie from any decision of the Registrar under this section. 
13 Capability of distinguishing requisite for registration in Part B 
(1) In order to be registrable in Part B of the Register, a trade mark shall be capable, in 
relation to the goods or services in respect of which it is proposed to be registered, of 
distinguishing goods or services with which the proprietor of the trade mark is or may be 
connected in the course of trade from goods or services in the case of which no such 
connection subsists, either generally or, where the trade mark is proposed to be registered 
subject to limitations, in relation to use within the extent of the registration. 
(2) In determining whether a trade mark is capable of distinguishing as mentioned in 
subsection (1), the Registrar may have regard to the extent to which, by reason of the use of 
the trade mark or of any other circumstances, the trade mark is in fact capable of so 
distinguishing or is capable of becoming distinctive as referred to in section twelve. 
(3) Where-
Ca) an application has been made for the registration of a trade mark in Part B of the 
Register; and 
(b) before the date of the application the trade mark was used by a person other than the 
applicant in the circumstances referred to in paragraph (b) of subsection (4) of 
section twelve; and 
Cc) an application has been made by the applicant and that other person for the 
registration of that other person as a registered user of the trade mark; and 
(d) the Registrar is satisfied that that other person would .be entitled to be registered as a 
registered user of the trade mark immediately after the registration of the trade 
mark; 
the Registrar may, for the purpose of determining whether the trade mark is capable of 
distinguishing as mentioned in subsection Cl) the goods or services of the applicant, treat the 
use of the trade mark by that other person as equivalent to use of the trade mark by the 
applicant. IPINI1/ZWE/TIl 
Page 15 
(4) A trade mark may be registered in Part B of the Register notwithstanding any 
registration in Part A of the Register in the name of the same proprietor of the same trade 
mark or any part or parts thereof. 
(5) Notwithstanding anything to the contrary contained in this section, a distinguishing 
guise shall not be registrable in Part B of the Register. 
(6) An appeal shall lie from any decision of the Registrar under this section. 
14 Prohibition of registration or maintenance of registration of deceptive, etc., matter 
(1) A mark-
(a) the use of which would be likely to deceive or cause confusion; or 
(b) the use of which would be contrary to law; or 
(c) which comprises or contains scandalous matter; or 
(d) which is prescribed to be a prohibited mark; or 
( e) which, for any other reason, would not be entitled to protection in a court of law; 
shall not be registered as a trade mark. 
(2) It shall not be lawful to maintain the registration of a trade mark which, through fault 
or neglect on the part of the registered proprietor or his assignee, has become one which is 
likely to deceive or cause confusion or which, for any other reason, would not be entitled to 
protection in a court oflaw. 
(3) Where, in the opinion of the Registrar, a trade mark will in use be likely to deceive or 
cause confusion as to the character or quality of some, but not all, of the goods or services 
included in the appropriate classification referred to in section seven, the Registrar may, 
notwithstanding subsection (1) of section thirty-one, upon receipt of an undertaking by the 
proprietor of the tJ,-ade mark that he will limit the use of the trade mark to goods or services in 
relation to which such use will, in the opinion of the Registrar, not be likely to deceive or 
cause confusion, register the trade mark in respect of the goods or services concerned and of 
some or all of the other goods or services included in the appropriate classification referred to 
in section seven. 
15 Prohibition of registration of identical or resembling trade marks 
(1) Subject to subsection (2), no trade mark shall be registered in respect of any goods or 
services or description of goods or services that-
(a) is identical with a trade mark belonging to a different proprietor and already on the 
Register in respect of the same goods or services or description of goods or services; 
or 
(b) so nearly resembles a trade mark belonging to a different proprietor and already on 
the Register in respect of the same goods or services or description of goods or 
services as to be likely to deceive or cause confusion. 
(2) In the case of honest concurrent use or other special circumstances which, in the 
opinion of the Registrar, make it proper so to do, the Registrar may permit the registration of IPINIlIZWE/TIl 
Page 16 
trade marks that are identical or nearly resemble each other in respect of the same goods or 
services or description of goods or services by more than one proprietor, subject to such 
conditions or limitations, if any, as the Registrar may think it right to impose. 
(3) Where separate applications are made by different persons to be registered as 
proprietors respectively of trade marks that are identical or nearly resemble each other in 
respect of the same goods or services or description of goods or services, the Registrar may 
refuse to register any of them until their applications have been referred in accordance with 
the prescribed procedure to the Tribunal 
and their rights determined or their rights have been settled by agreement in a manner 
approved by the Registrar. 
(4) Where the Registrar, in carrying out his duties under this section, has to consider any 
matter involving deception or confusion, he shall have regard to the likelihood of deception 
or confusion arising between any trade mark as applied in relation to goods and any trade 
mark as applied in relation to services, 
(5) An appeal shall lie from any decision of the Registrar under this section. 
16 Registration in Part A to be conclusive as to validity after five years 
In all legal proceedings relating to a trade mark registered in Part A of the Register, 
including applications under section thirty-seven, the original registration of the trade mark in 
Part A of the Register shall, after the expiration of five years from the date of that 
registration, be taken to be valid in all respects, unless-
(a) that registration was obtained by fraud; or 
(b) the trade mark offends Cl,gainst sectionfowteen: 
Provided that this section shall not preclude the expunging or variation in terms of 
subsection (2) of section thirty-eight of the registration of a distinguishing guise. 
17 Registration subject to disclaimer 
(1) Subject to subsection (2), if a trade mark-
(a) contains any part not separately registered by the proprietor as a trade mark; or 
(b) contains matter common to the trade or otherwise of a non-distinctive character; 
the Registrar, in deciding whether the trade mark shall be entered or shall remain on the 
Register, may require, as a condition of its being on the Register, that-
(i) the proprietor shall disclaim any right to the exclusive use of any part of the 
trade mark or to the exclusive use of all or any portion of such trade mark as 
aforesaid, to the exclusive use of which the Registrar holds him not to be 
entitled; or 
(ii) the proprietor shall make such other disclaimer as the Registrar may consider 
necessary for the purposes of defining his rights 1.mder the registration. IPINI1 IZWE/TIl 
Page 17 
(2) A disclaimer on the Register shall not-
(a) affect any rights of the proprietor of a trade mark except such as arise out of the 
registration of the trade mark in respect of which the disclaimer is made; or 
(b) prejudice or affect any right the proprietor may have in relation to another 
application for registration at a later date if the disclaimed matter is, at that later 
date, deemed to have become distinctive in connection with his goods or services. 
18 Requirements in regard to blank spaces 
1£-
(a) a trade mark contains any blank space or spaces apparently intended for added 
matter; and 
(b) the Registrar is satisfied that there would be no likelihood of deception or confusion 
being caus.ed by the use of that trade mark; 
the Registrar, in deciding whether the trade mark shall be entered on the Register, may 
require, as a condition of its being entered on the Register, that the blank space or spaces 
shall, in use-
(i) be left vacant; or 
(ii) be occupied only by either or both of the following-
A. matter which is wholly descriptive or does not have the character of a 
trade mark; or 
B. an associated trade mark which is registered in respect of one or more of 
the goods or services in respect of which the trade mark containing the 
blank space or spaces is proposed to be registered and which is specified 
by the Registrar. 
19 Words used as name or description of an article, substance or service 
(1) The registration of a trade mark shall not be deemed to have become invalid by reason 
only of any use, after the date of the registration, of a word or words which the trade mark 
contains or of which it consists, as the name or description of an article, substance or service: 
Provided that if it is proved-
(a) that there is a well known and established use of the word or words as the name or 
description of the article, substance or service by a person or persons carrying on a 
trade therein, not being use in relation to goods or services connected in the course 
of trade with the proprietor or a registered user of the trade mark or, in the case of a 
certification mark, goods or services certified by the proprietor; or 
(b) that-
(i) the article or substance was formerly manufactured or the service was formerly 
performed under a patent; and 
(ii) a period of two years or more after the cesser of the patent has elapsed; and IP/N/lIZWE/T/I 
Page 18 
(iii) the word or words is or are the only practicable name or description of the 
article, substance or service, as the case may be; 
the provisions of subsection (2) shall have effect. 
(2) Where the facts mentioned in paragraph Ca) or (b) ofthe proviso to subsection (1) are 
proved with respect to any word or words, then-
(a) if the trade mark consists solely of that word or those words, the registration of the 
trade mark, so far as regards registration in respect of the article, substance or 
service in question or of any goods or services of the same description, shall be 
deemed, for the purposes of section thirty-seven, to be an entry wrongly remaining 
on the Register; 
(b) ifthe trade mark contains that word or those words and other matter, the Registrar, 
in deciding whether the trade mark shall remain on the Register, so far as regards 
registration in respect of the article, substance or service in question and of any 
goods or services of the same description, may, ifthere is a decision in favour of its 
remaining on the Register, require, as a condition thereof, that the proprietor shall 
disclaim any right to the exclusive use in relation to that article, substance or service 
and any goods or services of the same description of that word or those words: 
(c) 
(i) 
(ii) Provided that no disclaimer on the Register shall affect any rights of the 
proprietor of a trade mark except such as arise out of the registration of the trade 
mark in respect of which the disclaimer is made; 
for the purposes of any other legal proceedings relating to the trade mark-
if the trade mark consists solely of that word or those words, all rights of the 
proprietor, whether under the common law or by registration, to the exclusive 
use of the trade mark in relation to the article, substance or service in question 
or to any goods or services of the same description; or 
if the trade mark contains that word or those words and other matter, all such 
rights of the proprietor to the exclusive use of that word or those words in 
relation to the article, substance or service in question or to any goods or 
services of the same description; 
shall be deemed to have ceased on the date at which the use mentioned in paragraph (a) of 
the proviso to subsection (1) first became well known and established or at the expiration of 
the period of two years mentioned in subparagraph (ii) of paragraph (b) of that proviso, as the 
case may be. 
(3) No word which is the commonly used and accepted name of any single chemical 
element or single chemical compound, as distinguished from a mixture, shall be registered as 
a trade mark in respect of a chemical substance or preparation, and any such registration in 
force at the appointed day or thereafter shall, notwithstanding anything in section sixteen, be 
deemed, for the purposes of section thirty-seven, to be an entry made in the Register without 
sufficient cause or an entry wrongly remaining on the Register, as the circumstances may 
require: IP/N/l/ZWE/TIl 
Page 19 
Provided that this subsection shall not have effect in relation to a word which is used to 
denote only a brand or make ofthe element or compound as made by the proprietor or a 
registered user of the trade mark, as distinguished from the element or compound as made by 
others, and in association with a suitable name or description open to public use. 
20 Effect of limitation as to colour and of absence thereof 
(1) A trade mark may be limited in whole or in part to one or more specified colours, and 
in any such case the fact that it is so limited shall be taken into consideration by the Registrar 
in deciding on the distinctive character of the trade mark. 
(2) If and so far as a trade mark is registered without limitation of colour, it shall be 
deemed to be registered for all colours. 
PART V 
PROCEDURE FOR, A.~l) DURATION OF, REGISTRATION IN PART A OR PART 
B (sections 21-26) 
21 Application for registration in Part A or Part B 
(1) Any person who-
(a) claims to be the proprietor of a trade mark used or proposed to be used by him; and 
(b) is desirous of registering that trade mark; shall apply in writing to the Registrar in 
the prescribed manner for registration in Part A or Part B, as the case may be, of the 
Register. 
(2) Subject to this Act, the Registrar, on receipt of an application in terms of subsection 
(1), may-
(a) refuse the application; or 
(b) accept the application absolutely or subject to such amendments, modifications, 
conditions or limitations, if any, as he may think fit. 
(3) In the case of an application for registration of a trade mark in Part A of the Register, 
the Registrar may, if the applicant is willing, instead of refusing the application, treat it as an 
application for registration in Part B of the Register and deal with the application 
accordingly. 
~ 4) In the case of a refusal or conditional acceptance of an application for registration, the 
Registrar shall, if required by the applicant, state in writing the grounds of his decision and 
the materials used by him in arriving there at, and the decision of the Registrar shall be 
subject to appeal. 
(5) An appeal under this section shall be made in the prescribed manner and on the appeal 
the Tribunal shall, if required, hear the applicant and the Registrar and shall otherwise deal 
with such appeal in accordance with Part XII. 
(6) An appeal under this section shall be heard on the materials stated by the Registrar in 
terms of subsection (5) and no further grounds of objection to the acceptance of the 
application shallbe allowed to be taken by the Registrar, other than those so stated by him, 
except by leave of the Tribunal, and where any further grounds of objection are taken, the 
applicant shall be entitled to withdraw his application without payment of costs on giving 
notice as prescribed. IPlNllIZWE/T/l 
Page 20 
(7) The Registrar may, at any time before or after acceptance-
(a) correct any error in or in connection with the application; or 
(b) permit the applicant to amend his application upon such terms as the Registrar may 
think fit 
Provided that the Registrar shall not permit an amendment which substantially 
affects the identity of the trade mark. 
(8) Where the Tribunal is considering an appeal from a decision of the Registrar in terms 
of subsection (4), the Tribunal may permit the applicant to amend his application in terms of 
subsection (7) without the application for such amendment being made to the Registrar, but 
in such case the views ofthe Registrar on the amendment shall be obtained. 
22 Opposition to registration and appeals 
(1) When an application for registration of a trade mark has been accepted, whether.· 
absolutely or subject to amendments, modifications, conditions or limitations, the applicant 
shall, as soon as may be after acceptance, advertise in the prescribed manner the application 
as accepted and the advertisement shall set forth all conditions and limitations subject to 
which the application has been accepted: 
Provided that the Registrar may direct that an application shall be advertised before 
acceptance-
(a) if it is made under paragraph (e) of subsection (1) of section twelve; or 
(b) in any other case where it appears to the Registrar that it is expedient by reason of 
any exceptional circumstances so to do; 
and where an application has been so advertised, the Registrar may, if he thinks fit, direct that 
it shall be advertised again when it has been accepted. 
(2) Any person may, within the prescribed time from the date of the advertisement of an 
application, give notice to the Registrar of opposition to the registration, which notice shall-
(a) be given in writing in the prescribed manner; and 
(b) include a statement of the grounds of opposition. 
(3) The Registrar shall send a copy of any notice in terms of subsection (2) to the 
applicant and, within the prescribed time after receipt thereof, the applicant shall 
send to the Registrar in the prescribed manner a counter-statement of the grounds on which 
he relies for his application and ifhe does not do so, he shall be deemed to have abandoned 
his application. 
(4) If the applicant sends a counter -statement in terms of subsection (3), the Registrar 
shall-
(a) furnish a copy thereof to the persons giving notice of opposition; and 
(b) after hearing the parties, if so required, and considering the evidence, decide 
whether, and sll1Jject to what amendments, modifications, conditions or limitations, 
if any, registration is to be permitted. IPIN/1/ZWE/TIl 
Page 21 
(5) An appeal shall lie from any decision of the Registrar under this section, other than a 
decision in terms of paragraph (a) of subsection (10). 
(6) An appeal under this section shall be made in the prescribed form and manner and on 
the appeal the Tribunal shall-
Ca) if required, hear the parties and the Registrar; and 
(b) make an order determining whether, and subject to what amendments, 
modifications, conditions or limitations, if any, registration is to be permitted. 
(7) On the hearing of an appeal under this section, any party may, either in the manner 
prescribed or by special leave of the Tribunal, bring forward further material for the 
consideration of the Tribunal. 
(8) On an appeal under this section, no further grounds of objection to the registration of a 
trade mark shall be allowed to be taken by the opponent or the Registrar, other than those 
stated in terms of this section by the opponent, except by leave of the Tribunal, and where 
any further grounds of objection are taken, the applicant, on giving notice as prescribed, shall 
be entitled to withdraw his application without payment of the costs of the opponent. . 
(9) On an appeal under this section, the Tribunal may, after hearing the Registrar, permit 
the trade mark proposed to be registered to be modified in any manner not substantially 
affecting the identity thereof, and may direct that the trade mark as so modified shall be 
advertised in the prescribed manner before being registered. 
(10) Notwithstanding anything to the contrary contained in this section, where-
(a) the Registrar considers that by reason of any point of law involved or of the unusual 
importance or complexity of the matter it is desirable to do so; or 
( b) the applicant and all persons who have given notice of opposition so request; 
the Registrar, instead of deciding the matter as required by paragraph Cb) of subsection (4), 
shall refer the matter to the Tribunal for decision and shall thereafter, in relation to the 
matter, act in accordance with the decision of the Tribunal. 
(11) Regulations made in terms of section one hundred and four may provide for the 
granting of an extension of the time prescribed for the doing of any thing in terms of this 
section. 
23 Registration 
(1) When an application for registration of a trade mark has been accepted and the 
application-
(a) has not been opposed and the time for notice of opposition has expired; or 
(b) has been opposed and the opposition has been decided in favour of the applicant; 
the Registrar shall register the trade mark in Part A or Part B, as the case may be, of the 
Register and the trade mark, when registered, shall be registered as at the date of the 
application for registration, and that date shall be deemed, for the purposes of this Act, to be 
the date of registration: IPlNllIZWE/TIl 
Page 22 
Provided that-
(i) where the Registrar is satisfied that the trade mark has been accepted in error or that, 
in the special circumstances of the case, the trade mark should not be registered or 
should be registered subject to amendments, modifications, conditions or limitations 
or to additional or different amendments, modifications, conditions or limitations,he 
may withdraw the acceptance and proceed as if the application had not been 
accepted; 
(ii) the provisions of this subsection, relating to the date as at which a trade mark shall 
be registered and to the dale to be deemed to be the date of registration, shall, as 
respects a trade mark referred to in subsection (1) of section ninety-seven, have 
effect subject to the provisions of that section. 
(2) On the registration of a trade mark, the Registrar shall issue to the applicant a 
certificate in the prescribed fonn of the registration thereof sealed with the seal of the Trade 
Marks Office. 
(3) Where the registration of a trade mark is not completed within twelve months from 
the date of the application by reason of default on the part of the applicant, the Registrar may, 
after giving notice of the non-completion to the applicant in writing in the prescribed manner, 
treat the application as abandoned, unless it is completed within the time specified in the 
notice. 
24 Duration and renewal of registration 
(1) Subject to subsection (6), the registration of a trade mark shall be for a period often 
years but may be renewed from time to time in accordance with the provisions ofJhis section. 
(2) Subject to this section, the registered proprietor of a trade mark may, in the prescribed 
manner and within the prescribed period, renew the registration of the trade mark for a period 
of ten years from the expiration of the last registration. 
(3) At the prescribed time before the expiration of the last registration of a trade mark, the 
Registrar shall send notice in the prescribed manner to the registered proprietor of the date of 
expiration and the conditions as to payment of fees and otherwise upon which a renewal of 
registration may be obtained and if, at the expiration of the time prescribed in that behalf, 
those conditions have not been duly complied with, the Registrar may remove the trade mark 
from the Register, subject to such conditions, if any, as to its restoration to the Register as 
may be prescribed. 
(4) Where a trade mark has been removed from the Register for non-payment of the fee 
for renewal, it shall nevertheless, for the purpose of any application for the registration of a 
trade mark during one year next after the date of the removal, be deemed to be a trade mark 
that is on the Register: 
Provided that this subsection shall not have effect where the Registrar is satisfied that­
(a) there has been no bona fide trade use in Zimbabwe of the trade mark that has been 
removed during the three years immediately preceding its removal; or 
(b) no deception or confusion would be likely to arise from the use of the trade mark 
that is the subj ect of the application for registration by reason of any previous use of 
the trade mark that has been removed from the Register. (5) Where-IPINIlIZWE/TI 1 
Page 23 
(a) a trade mark has been removed from the Register for non-payment of the fee for 
renewal; and 
(b) the proprietor of the trade mark-
(i) applies in the prescribed manner within three years of such removal for the 
trade mark to be restored to the Register; and 
(ii) furnishes with his application a declaration in the prescribed form that the trade 
mark has bona fide been used in trade in Zimbabwe during the period from the 
date of removal or reasons satisfactory to the Registrar as to why there has been 
no such bona fide trade use; 
the Registrar may, subject to any condi.tions referred to in subsection (3), restore that trade 
mark to the Register with effect from the date on which it was removed, and thereupon that 
trade mark shall be regarded for all purposes as though it had not been removed from the 
Register. 
(6) \Vhere-
(a) a trade mark was registered before the appointed day in a register of trade marks 
kept under the repealed legislation the period of such registration shall be seven 
years from the date of such registration; 
(b) the registration of a trade mark has been renewed under the repealed legislation the 
period of such renewal shall be fourteen years from the expiration of the last 
registration under the-repealed legislation. . 
(7) An appeal shall lie from any decision of the Registrar under this section. 
(8) In this section-
t expiration of the last registration 1, in relation to a trade mark, means the expiration in 
terms of this Act or the repealed legislation, as the case may be, of the original registration of 
the trade mark or of the last renewal of registration, as the case may be. 
25 Registration of parts of trade marks 
(1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any 
part thereof separately, he may apply to register the whole and any such part as separate trade 
marks. shall-
(2) Each separate trade mark referred to in subsection (1) shall­
(a) satisfy all the conditions of an independent trade mark; and 
(b) subject to the provi..sions of s~bsect!sm (3) of section thirty and of su~section (2) of 
section thirty-five, have all the incidents of an independent trade mark. II'~/1/~\A1~/1l/1 
Page 24 
:to Registration of trade marks as a series 
Where a person claiming to be the proprietor of several trade marks in respect of the same 
goods or services or description of goods or services which, while resembling each other in 
the material particulars thereof, yet differ in respect of-
(a) statements of the goods or services in relation to which they are respectively used or 
proposed to be used; or 
(b) statements of number, price, quality or names of places; or 
(c) other matter of a non-distinctive character which does not substantially affect the 
identity of the trade mark; or 
(d) colour; seeks to register those trade marks, they may be registered as a series in one 
registration. 
PART VI 
ASSIGNMENT AND TRANSlVllSSION (sections 27-30) 
27 Powers of, and restriction on, assignment and transmission 
(1) Notwithstanding any law to the contrary, a registered trade mark shall be, and shall be 
deemed always to have been, assignable and transmissible, either in connection with or 
without the goodwill of the business concerned in the goods or services in respect of which 
the trade mark is registered. 
(2) A registered trade mark shall be, and shall be deemed always to have been, assignable 
and transmissible in respect either of all the goods or services in respect of which it is 
registered or was registered, as the case may be, or of some, but not all, of those goods or 
servIces. 
(3) Subsections (l) and (2) shall have effect in the case of an unregistered trade mark used 
in relation to any goods or services as they have effect in the case of a registered trade mark 
registered in respect of any goods or services, if-
(a) at the time of the assignment or transmission of the unregistered trade mark, it is or 
was used in the same business as a registered trade mark; arid 
(b) it is or was assigned or transmitted at the same time to the same person as that 
registered trade mark and in respect of goods or services, all of which are goods or 
services in relation to which the unregistered trade mark is or was used in that 
business and in respect of which that registered trade mark is or was assigned or 
transmitted. . 
(4) Notwithstanding anything in subsections (1) to (3), a trade mark shall not be, or be 
deemed to have been, assignable or transmissible in a case in which, as a result of an 
assignment or transmission, there would in the circumstances subsist, or have subsisted, 
whether under the common law or by registration, exclusive rights in more than one of the 
persons concerned to the use, in relation to the same goods or services or description of 
goods or services, of trade marks nearly resembling each other or of identical trade marks if, 
having regard to the similarity of the goods or services and of the trade marks, the use of the 
trade marks in exercise of those rights would be, or have been, likely to deceive or cause 
confusion: IPINllIZWE/T/l 
Page 25 
PrOvided that where a trade mark is, or has been, assigned or transmitted in such a case as 
aforesaid, the assignment or transmission shall not be deemed to be, or to have been, invalid 
under this subsection if the exclusive rights subsisting as a result thereof in the persons 
concerned respectively are, or were, having regard to limitations imposed thereon, such as 
not to be exercisable by two or more of those persons in relation to-
ea) goods to be sold or otherwise traded in within Zimbabwe, otherwise than for export 
there from; or 
eb) goods to be exported to the same market outside Zimbabwe; or 
(c) services to be perforined within Zimbabwe. 
(5) Where the prOprietor of a registered trade mark who proposes to assign that trade 
mark in respect of any goods or services in respect of which it is registered submits to the 
Registrar in the prescribed manner a statement of case setting out the circumstances-
Ca) the Registrar may issue to him a certificate stating whether, having regard to the 
similarity of the goods or services and of the trade marks referred to in the case, the 
prOposed assignment of the first-mentioned trade mark would or would not be 
invalid under subsection (4); and 
(b) a certificate issued in terms of paragraph (a) shall, subject to the provisions of this 
section as to appeal and unless it is shown that the certificate was obtained by fraud 
or misrepresentation, be conclusive as to the validity or invalidity under subsection 
(4) of the assignment in so far as such validity or invalidity depends upon the facts 
set out in the case: 
Provided that a certificate in favour of validity shall be so conclusive only if application 
under section twenty-nine for the registration of the title of the person becoming entitled is 
made within six months from the date on which the certificate is issued. 
(6) Notwithstanding anything in subsections (1) to (3), a trade mark shall not, on or after 
the appointed day, be assignable or transmissible in a case in which, as a result of an 
assignment or transmission thereof, there would in the circumstances subsist, whether under 
the common law or by registration-
(a) an exclusive right in one of the persons concerned to the use of the trade mark 
limited to use in relation to goods to be sold or otherwise traded in or services to be 
performed in a place or places in Zimbabwe; and 
( b) an exclusive right in another of those persons to the use of a trade mark nearly 
resembling the first-mentioned trade mark or of an identical trade mark in relation to 
the same goods or services or description of goods or services limited to use in 
relation to goods to be sold or otherwise traded in or services to be performed in 
another place or other places in Zimbabwe: 
Provided that on application in the prescribed manner by the proprietor of a trade mark 
who proposes to assign it or of a person who claims that a trade mark has been transmitted to 
him or to a predecessor in title of his on or after the appointed day, the Registrar, ifhe is 
satisfied that in all the circumstances the use of the trade marks in exercise of the said rights 
would not be contrary to the public interest, may approve the assignment or transmission, and JP INI1IZWE/T 11 
Page 26 
an assignment or transmission so approved shall not be deemed to be, or to have been,' 
invalid under this subsection or under subsection (4), so, however, that in the case of a 
registered trade mark this provision shall not have effect unless application under section 
twenty-nine for the registration of the title of the person becoming entitled is made within six 
months from the date on which the approval is given or, in the case of a transmission, was 
made before that date. 
(7) Notwithstanding anything contained in subsections (1) and (2) and subject to 
subsections (4) and (6), where a trade mark which is the subject of an application for 
registration has, subsequent to the date of the application, been assigned or transmitted, the 
Registrar may, on application in the prescribed manner and subject to such conditions as he 
may deem necessary, allow, on payment of the prescribed fee, the person or persons entitled 
to such trade mark by reason of such assignment or transmission to be substituted as the 
applicant or applicants, as the case may be, for registration of the trade mark. 
(8) An appeal shall lie from any decision of the Registrar under this section. 
28 Power of registered proprietor to assign and give receipts 
Subject to this Act, the person for the time being entered in the Register as proprietor of a 
trade mark shall, subject to any rights appearing from the Register to be vested in any other 
person, have power to assign the trade mark and to give effectual receipts for any 
consideration for an assignment thereof. 
29 Registration of assignments and transmissions 
(1) Where a person becomes entitled by assignment or transmission to a registered trade 
mark, he shall make application to the Registrar to register his title, and the Registrar shall, 
on receipt of the application and on proof of title to his satisfaction-
(a) register him as the proprietor of the trade mark in respect of the goods or services in 
respect of which the assignment or transmission has effect; and 
(b) cause particulars of the assignment or transmission to be entered on the Register. 
(2) An application in terms of subsection (1) to register the assignment or transmission of 
a registered trade mark shall specify the effective date of the assignment or transmission and 
if the application is made more than twelve months after that date the applicant shall pay 
such penalty as is prescribed. 
(3) Where the Registrar, in examining an application in terms of subsection Cl) in respect 
of the assignment or transmission of a registered trade mark made with goodwill, finds from 
the records available to him that the assignor is entered in the Register as the registered 
proprietor of another trade mark in respect of the same description of goods or services as the 
trade mark being assigned or transmitted, he shall notify both the assignor and assignee of the 
state of the Register relating to such other trade mark and inquire of them as to the reason 
why such other trade mark is not the subject of the same application. 
(4) Where, after giving notice in terms of subsection (3), the Registrar is advised, in 
relation to the trade mark which is the subject of the inquiry-
Ca) by the registered proprietor that the trade mark is of no further value to him and may 
be removed from the Register; or 
Cb) by the assignee that he has no interest in seeking the proprietorship of the trade mark 
or its registration, and the registered proprietor-IF INI1IZWE/T 11 
Page 27 
(i) fails to reply to the inquiry by the Registrar within the period specified by the 
Registrar; or 
(ii) replies within the period specified by the Registrar but fails to satisfy the 
Registrar that there are valid reasons why he should remain registered as the 
proprietor of the trade mark;. 
the Registrar may remove the trade mark from the Register. 
(5) An appeal shall lie from any decision of the Registrar under this section. 
(6) Except for the purposes of an appeal under this section or of an application under 
section thirty-seven, a document or instrument in respect of which no entry has been made in 
the Register in accordance with subsection (1) or the corresponding provision of the repealed 
legislation shall not be admitted in evidence in any court in proof of the title to a trade mark 
unless the court otherwise directs. 
30 Certain trade marks to be associated so as to be assignable and transmissible as a 
whole only 
(1) Trade marks that are registered as, or that are deemed by virtue of this Act to be, 
associated trade marks shall be assignable and transmissible only as a whole and not 
separately, but they shall for all other purposes be deemed to have been registered as separate 
trade marks. 
(2) Where a trade mark that is registered or is the subject of an application for registration 
in respect of any goods or services-
(a) is identical with another trade mark that is registered or is the subject of an 
application for registration in the name of the same proprietor in respect of the same 
goods or services or description of goods or services; or 
(b) so nearly resembles another trade mark such as is referred to in paragraph (a) as to 
be likely to deceive or cause confusion if used by a person other than the proprietor; 
the Registrar may at any time require that the trade marks shall be entered on the Register as 
associated trade marks. 
(3) Where a trade mark and any part or parts thereof are, by virtue of subsection (1) of 
section twenty jive, registered as separate trade marks in the name of the same proprietor, 
they shall be deemed to be, and shall be registered as, associated trade marks. 
(4) All trade marks that are, by virtue of section twenty-six, registered as a series in one 
registration shall be deemed to be, and shall be registered as, associated trade marks. 
(5) On application made in the prescribed manner by the registered proprietor of two or 
more trade marks registered as associated trade marks, the Registrar may dissolve the 
association as respects any of them if he is satisfied that there would be no likelihood of 
deception or confusion being caused if that trade mark were used by another person in 
relation to any of the goods or services in respect of which it is registered and may amend the 
Register accordingly. 
(6) An appeal shall lie from any decision of the Registrar under this section. IP /NI lIZWE/T 11 
Page 28 
PART VU 
USE ~~D NON-USE (sections 31-36) 
31 Removal from Register and imposition of limitation 
(1) Subject to section thirty-two, a registered trade mark may be removed from the 
Register in respect of any of the goods or services in respect of which it is registered on 
application by any person aggrieved to the Tribunal or, at the option of the applicant and, 
subject to section seventy-seven, to the Registrar on the ground that-
(a) the trade mark was registered without any bona fide intention on the part of the 
applicant for registration that it should be used in relation to those goods or services 
by him and that there has in fact been no bona fide use of the trade mark in relation 
to those goods or services by any proprietor thereof for the time being up to the date 
one month before the date of the application; or 
(b) up to the date one month before the date of the application a continuous period of 
five years or longer elapsed during which-
(i) the trade mark was a registered trade mark; and 
(ii) there was no bona fide use thereof in relation to those goods or services by any 
proprietor thereof for the time being: 
Provided that, except where the applicant has been permitted under subsection (2) of 
sectionfifteen to register an identical or nearly resembling trade mark in respect of the goods 
or services in question or where the Tribunal or the Registrar, as the case may be, is of the 
opinion that he might properly be permitted so to register such a trade mark, the Tribunal or 
the Registrar may refuse an application made under paragraph (a) or (b) in relation to any 
goods or services, if it is shown that there has been, before the relevant date or during the 
relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof 
for the time being in relation to goods or services of the same description, being goods or 
services in respect of which the trade mark is registered. 
(2) Where, in relation to any goods or services in respect of which a trade mark is 
registered-
(a) the matters referred to in paragraph (b) of subsection (1) are shown so far as regards 
non-use of the trade mark in relation to-
(i) goods to be sold or otherwise traded in in a particular place in Zimbabwe, 
otherwise than for export from Zimbabwe; or 
CH) goods to be exported to a particular market outside Zimbabwe; or 
(iii) services to be performed in Zimbabwe; 
and 
(b) a person has been permitted under subsection (2) of sectionfifteen to register an 
identical or nearly resembling trade mark in respect of those goods or services under 
a registration extending to use in relation to-
(i) goods to be sold or otherwise traded in in that place, otherwise than for export 
from Zimbabwe; or (ii) goods to be exported to that market; or 
(iii) services to be performed in that place; IP/NIlIZWE/TI 1 
Page 29 
or the Tribunal or the Registrar is of the opinion that he might properly be permitted so 
to register such a trade mark; 
on application by that person to the Tribunal Of, at the option of the applicant and subject to 
section seventy-seven, to the Registrar, the Tribunal or the Registrar may impose on the 
registration of the first-mentioned trade mark such limitations as the Tribunal or the Registrar 
thinks right for securing that that registration shall cease to extend to such use as last 
aforesaid. 
(3) An applicant shall not be entitled to rely, for the purposes of paragraph (b) of 
subsection (1) or fOf the purposes of subsection (2), on any non-use of a trade mark that is 
shown to have been due to special circumstances in the trade and not to any intention not to 
use or to abandon the trade mark in relation to the goods or services to which the application 
relates. 
32 Defensive registration of wen known trade marks 
(1) Where a trade mark registered in Part A of the Register has become so well known as 
respects any goods or services in respect of which it has been used that the use thereof in 
relation to other goods or services would be likely to be taken as indicating a connection in 
the course of trade between those goods or services and a person entitled to use the trade 
mark in relation to the first-mentioned goods or services, then, notwithstanding that the 
proprietor registered in respect of the first-mentioned goods or services does not use or 
propose to use that trade mark in relation to those other goods or services and 
notwithstanding anything in section thirty-one, the trade mark may, on the application in 
writing in the prescribed manner of the proprietor registered in respect ofthe flrst-mentioned 
goods or services, be registered in Part D of the Register in his name in respect of those other 
goods or services as a defensive trade mark and, while so registered, shall not be liable to be 
taken off the Register in respect of those goods or services under section thirty-one. 
(2) The registered proprietor of a trade mark may-
(a) in terms of subsection (1) apply for the registration thereof in respect of any goods 
or services as a defensive trade mark. notwithstanding that it is already registered in 
his name in respect of those goods or services otherwise than as a defensive trade 
mark; or 
(b) apply for the registration thereof in respect of any goods or services otherwise than 
as a defensive trade mark. notwithstanding that it is already registered in his name in 
respect of those goods or services as a defensive trade mark; 
in lieu in each case of the existing registration. 
(3) A trade mark registered as a defensive trade mark and that trade mark as otherwise 
registered in the name of the same proprietor shall, notwithstanding that the respective 
registrations are in respect of different goods or services, be deemed to be, and shall be 
registered as, associated trade marks. IPINIlIZWE/TI 1 
Page 30 
(4) On application by any person aggrieved to the Tribunal or, at the option of the 
applicant and subject to section seventy-seven, to the Registrar, the registration of a trade 
. mark as a defensive trade mark may be cancelled-
(a) on the ground that the requirements of subsection (1) are no longer satisfied in 
respect of any goods or services in respect of which the trade mark is registered in 
the name of the same proprietor otherwise than as a defensive trade mark; or 
(b) as respects any goods or services in respect of which it is registered as a defensive 
trade mark on the ground that there is no longer any likelihood that the use of the 
trade mark in relation to those goods or services would be taken as giving the 
indication mentioned in subsection (1). 
(5) The Registrar may at any time cancel in the prescribed manner the registration of a 
defensive trade mark if the registration of a trade mark in Part A of the Register upon which 
the registration of the defensive trade mark is wholly based-
(a) is assigned to a different proprietor without the goodwill of the business relating to 
the goods or services in respect of which that trade mark was registered; or 
(b) is removed from the Register: 
Provided that where a defensive trade mark is removed in terms of this paragraph if the 
trade mark upon which its registration was wholly based is restored to Part A of the Register 
in terms of subsection (5) of section twenty jour, the defensive trade mark shall be restored to 
Part D of the Register. 
(6) Except as otherwise expressly provided in this section, this Act shall apply in respect 
of the registration of trade marks as defensive trade marks and of trade marks so registered as 
they apply in other cases and section eight relating to the infringement of a trade mark 
registered in Part A of the Register shall apply to the infringement of any defensive trade 
mark registered in terms of this section if that registration is valid. 
33 Registered users 
Cl) Subject to this section, a person other than the proprietor of a trade mark registered in 
Part A or Part B of the Register may be registered as a registered user thereof in respect of all 
or any of the goods or services in respect of which that trade mark is registered. 
(2) The use of a trade mark by a registered user thereof in relation to goods or services­
(a) with which he is connected in the course of trade; and 
(b) in respect of which for the time being the trade mark remains registered and he is 
registered as a registered user; 
being use such as to comply with any conditions or restrictions to which his registration is 
subject, is in this Act referred to as the 'permitted use' thereof. 
(3) The permitted use of a trade mark shall be deemed to be use by the proprietor thereof 
and shall be deemed not to be use by a person other than the proprietor for the purposes of 
section thirty-one and for any other purpose for which such use is material under this Act or 
any other law. IPINI1IZWE/TI1 
Page 31 
(4) Subject to any agreement subsisting between the parties, a registered user of a trade 
mark shall be entitled to call upon the proprietor thereof to take proceedings to prevent 
infringement thereof and, if the proprietor refuses or neglects to do so within two months 
after being so called upon, the registered user may institute proceedings for infringement in 
his own name as if he were the proprietor, making the proprietor a defendant: 
Provided that a proprietor added as defendant in terms of this subsection shall not be liable 
for any costs unless he enters an appearance and takes part in the proceedings. 
(5) Where it is proposed that a person should be registered as a registered user of a trade 
mark, the proprietor and the proposed registered user shall apply in writing to the Registrar in 
the prescribed manner and shall furnish him with such documents, information or evidence as 
may be prescribed or required by the Registrar. 
(6) When the re'quirements of subsection (5) have been complied with, if the Registrar, 
after considering the information furnished to him under that subsection, is satisfied that in 
all the circumstances the use of the trade mark in relation to the proposed goods or services 
or any ofthem by the proposed registered user, subject to any conditions or restrictions 
which the Registrar thinks right, would not be contrary to the public interest, the Registrar 
may register the ,proposed registered user, with effect from the date ofthe application or such 
later date as the Registrar thinks fit, as a registered user in respect of the goods or services as 
to which he is so satisfied. 
(7) The Registrar shall refuse an application in terms of subsection (5) if it appears to him 
that the grant thereof would tend to facilitate trafficking in a trade mark. 
(8) Without derogation from section thirty-seven, the registration of a person as a 
registered user-
(a) may be varied by the Registrar as regards the goods or services in respect of which, 
or any conditions or restrictions subject to which, it has effect, on application in 
writing in the prescribed manner by the registered proprietor of the trade mark to 
which the registration relates; or 
(b) may be extended by the Registrar, on application in writing by the registered 
proprietor, for a further period; or 
(c) may be cancelled by the Registrar, on application in writing in the prescribed 
manner by the registered proprietor or any registered user of the trade mark; or 
(d) may be cancelled by the Registrar, on application in writing in the prescribed 
manner by any person on any of the following grounds, that is to say-
(i) that the registered user has used the trade mark otherwise than by way of the 
permitted use or in such a way as to cause or to be likely to cause deception or 
confusion; 
(ii) that the proprietor or the registered user misrepresented or failed to disclose 
some fact material to the application for the registration or that the 
circumstances have materially changed since the date of the registration; 
(iii) that the registration ought not to have been effected, having regard to rights 
vested in the applicant by virtue of a contract in the performance of which he is 
interested. IPINI1IZWE/TI 1 
Page 32 
(9) Provision shall be made in regulations made in terms of section one hundred and four 
for-
Ca) the notification of the registration of a person as a registered user to any other 
registered user of the trade mark; and 
Cb) the notification of an application under subsection (8) to the registered proprietor 
and each registered user, other than the applicant, of the trade mark; and 
Cc) giving to the person making an application in terms of subsection (8) and to all 
persons who intervene in the proceedings in accordance with the regulations an 
opportunity of being heard. 
(10) The Registrar shall cancel the registration of a person as a registered user of a trade 
mark in respect of any goods or services in respect of which the trade mark is no longer 
registered: 
Provided that where the trade mark has been removed from the Register for non-payment 
of the fee for renewal, if the trade mark is restored to the Register in terms of subsection (5) 
of section twenty-four, the Registrar shall restore the registration of the registered user unless 
the proprietor of the trade mark or the registered user concerned requests that such 
registration be not restored. 
(11) An appeal shall lie from any decision of the Registrar under this section. 
(12) Nothing in this section shall confer on a registered user of a trade mark any 
assignable or transmissible right to the use thereof. 
34 Proposed use of trade mark by corporation to be constituted, etc. 
(1) An application for the registration of a trade mark in respect of any goods or services 
shall not be refused nor shall permission for such registration be withheld on the ground only 
that it appears that the applicant does not use or propose to use the trade mark-
(a) if the Registrar is satisfied that a body corporate is about to be constituted and that 
the applicai1.t intends to assign the trade mark to the body corporate with a view to 
the use thereof in relation to those goods or services by the body corporate; or 
(b) if the application is accompanied by an application for the registration of a person as 
a registered user of the trade mark and the Registrar is satisfied that-
(i) the proprietor intends it to be used by that person in relation to those goods or 
services; and 
(ii) that person will be registered as a registered user thereof immediately after the 
registration of the trade mark. 
(2) Section thirty-one shall have effect, in relation to a trade mark registered by virtue of 
subsection (1), as if for the reference, in paragraph (a) of subsection (l) of that section, to 
intention on the part of an applicant for registration that the trade mark should be used by him 
there were substituted a reference to intention on his part that it should be used by the body 
corporate or registered user concerned. IP/NJlIZWEJTJl 
Page 33 
(3) Where a trade mark is registered in respect of any goods or services by virtue of 
subsection (1) in the name of an applicant who relies on intention to assign to a body 
corporate as mentioned in that subsection, then, unless within such period as may be 
prescribed or within such further period not exceeding six months as the Registrar may on 
application being made to him in the prescribed manner allow, the body corporate has been 
registered as the proprietor of the trade mark in respect of those goods or services, the 
registration shall cease to have effect in respect thereof at the expiration of that period, and 
the Registrar shall amend the Register accordingly. 
(4) An appeal shall lie from any decision of the Registrar under this section. 
35 Use of one of associated or substantially identical trade marks equivalent to nse of 
another 
(1) Where, under this Act, use of a registered trade mark is required to be proved for any 
purpose, the Registrar may, if and so far as the Registrar thinks fit, accept-
(a) use of an associated registered trade mark; or 
(b) use of the trade mark with additions or alterations not substantially affecting its 
identity; 
as an equivalent for the use required to be proved. 
(2) The use of the whole of a registered trade mark shall, for the purposes of this Act, be 
deemed to be also a use of any registered trade mark, being a part thereof, registered in the 
name of the same proprietor by virtue of section twenty-five. 
36 Use of trade mark for export trade 
The application in Zimbabwe of a trade mark to goods to be exported from Zimbabwe and 
any other act done in Zimbabwe in relation to goods to be exported from Zimbabwe or 
services to be performed outside Zimbabwe which, if done in relation to goods to be sold or 
otherwise traded in in Zimbabwe or services to be performed in Zimbabwe would constitute 
use of a trade mark therein, shall be deemed to constitute use of the trade mark in relation to 
those goods or services for any purpose for which such use is material under this Act or any 
other law. 
PARTvrn 
RECTIFICATION AND CORRECTION OF REGISTER (sections 37-41) 
37 General power to rectify entries in Register 
Cl) Any person aggrieved by-
(a) the non-insertion in or omission from the Register of any entry; or 
(b) any entry made in the Register without sufficient cause; or 
(c) any entry wrongly remaining on the Register; or 
(d) any error or defect in any entry in the Register; may apply in the prescribed manner 
to the Tribunal or, at the option of the applicant and subject to section seventy-seven, 
to the Registrar, and the Tribunal or the Registrar may make such order for making, 
expunging or varying the entry as the Tribunal or the Registrar may think fit. IP!N1l IZWE/T 11 
Page 34 
(2) In any proceedings under this section, the Tribunal or the Registrar may decide. any 
question that it may be necessary or expedient to decide in connection with the rectification 
of the Register. 
(3) "Where the Registrar is of the opinion that there may have been any fraud in the 
registration, assignment or transmission of a registered trade mark, he may himself apply to 
the Tribunal under this section. 
(4) Any order of the Tribunal rectifying the Register shall direct that notice of the 
rectification shall be served in the prescribed manner on the Registrar, and the Registrar 
shall, on receipt of the notice, rectify the Register accordingly. 
(5) The power to rectify the Register conferred by this section shall include power to alter 
a registration in Part A of the Register to a registration in Part B of the Register. 
38 Power to expunge or vary registration for breach of condition or registration of 
distinguishing guise 
(1) On application by-
(a) any person aggrieved to the Tribunal or, at the option of the applicant and subject to 
section seventy-seven, to the Registrar; or 
(b) the Registrar to the Tribunal; 
the Tribunal or the Registrar may make such order as the Tribunal or the Registrar may think 
fit for expunging or varying the registration of a trade mark on the ground of any 
contravention of or failure to observe a condition entered on the Register in relation thereto. 
(2) On application by any person aggrieved to the Tribunal or, at the option of the 
applicant and subject to section seventy-seven, to the Registrar, the Tribunal or the Registrar 
may make such order as the Tribunal or the Registrar may think fit for expunging or varying 
the registration of a distinguishing guise on the ground that the registration of that 
distinguishing guise has become likely to limit unreasonably the development of any art or 
industry. 
39 Correction of Register 
(1) On request made in the prescribed manner by the registered proprietor, the Registrar 
may-
(a) correct any error in the name, address or description of the registered proprietor of a 
trade mark; or 
(b) enter any change in the name, address or description of the person who is registered 
as proprietor of a trade mark; or 
( c) cancel the entry of a trade mark on the Register; or 
(cl) strike out any goods or services from those in respect of which a trade mark is 
registered; or 
(e) enter a disclaimer or memorandum relating to a trade mark which does not in any 
way extend the rights given by the existing registration of the trade mark. 
(2) On request made in the prescribed manner by the registered user of a trade mark, the 
Registrar may correct any error or enter any change in the name, address or description of the 
registered user. IPINI 1 IZWE/TI 1 
Page 35 
(3) On request made in the prescribed man11er by the registered proprietor or the 
registered user, as the case may be, the Registrar may-
. (a) correct any error or enter any change in the name or address of the person appointed 
for the purposes of his address for service; or 
(b) enter the name and address of any person appointed for the purposes of his address 
for service and cancel any previous appointment. 
(4) The Registrar, after giving such notice, if any, as he considers to be necessary, may 
correct any error in an entry in the Register which has been made by an officer in the Trade 
Marks Office. 
(5) An appeal shall lie from any decision of the Registrar under this section . 
.40 Alteration of registered trade mark 
(1) The registered proprietor of a trade mark may apply in the prescribed manner to the 
Registrar for leave to add to or alter the trade mark in any manner not substantially affecting 
the identity thereof, and the Registrar may-
(a) refuse leave; or 
(b) grant leave on such terms and subject to such limitations as he may think fit 
(2) The Registrar may direct that an application in terms of subsection (1) shall be 
advertised in the prescribed manner in any case where it appears to him that it i,s expedient so 
to do. 
(3) If, within the prescribed period from the date of an advertisement in terms of 
subsection (2), any person gives notice to the Registrar in the prescribed manner of 
opposition to the application, the Registrar shall, after hearing the parties if so required, 
decide the matter. 
(4) An appeal shall lie from any decision of the Registrar under this section. 
(5) Where leave to add to or alter a trade mark has been granted, the proprietor shall 
advertise in the prescribed manner the trade mark as altered, unless it has already been 
advertised in the form to which it has been altered in an advertisement under subsection (2). 
41 Adaptation of entries in Register to amended or substituted classification of goods 
or services 
(1) Where the prescribed classification in accordance with which a trade mark was 
registered, whether it was registered before, on or after the appointed day, is revised or 
substituted by a new classification, the proprietor of the trade mark shall, together with any 
application in terms of section twenty-four for the renewal of the registration thereof or the 
restoration of that trade mark to the Register, apply in the prescribed manner for revision of 
the class or classes in which the trade mark is registered so as to bring it in accord with the 
revised or substituted classification. IP/N/1/ZWE/T/l 
Page 36 
(2) If, on an application in terms of subsection (1), as a result of the revised or substituted 
classification-
(a) two or more identical trade marks owned by the same proprietor, which were under 
the previous registration registered in separate classes, fall within a single class, 
such marks may be consolidated as one registration in the revised or substituted 
class; or 
(b) a trade mark is required to be recorded in more than one class, such mark shall be 
separately registered in each class in which the mark is so recorded and shall be 
treated as separate trade marks for the purposes of this Act. 
(3) Regulations made in terms of section one hundred and four may empower the 
Registrar to amend the Register, whether by making or expunging or varying entries therein, 
for the purpose of adapting the designation therein of the goods or services or classes of 
goods or services in respect of which trade marks are registered to any amended or 
substituted classification that may be prescribed. 
(4) The Registrar shall not, in the exercise of any power conferred upon him by 
regulations referred to in subsection (3), make any amendment to the RegIster that wouid 
have the effect of-
(a) adding any goods or services or classes of goods or services to those in respect of 
which a trade mark is registered, whether in one or more classes, immediately 
before the amendment is to be made; or 
(b) ante-dating the registration of a trade mark in respect of any goods or services: 
Provided that the provisions of this subsection shall not have effect in relation to any 
goods or services as to which the Registrar is satisfied that compliance with such provisions 
in relation thereto would involve undue complexity and that the addition or ante-dating, as 
the case may be, would not affect any substantial quantity of goods or services and would not 
substantially prejudice the rights of any person. 
(5) An appeal shall lie from any decision of the Registrar under this section. 
PART IX 
CERTIFICATION MARKS (sections 42-50) 
42 Certification mark to be distinctive 
(1) A mark apt, in relation to any goods or services, to distinguish in the course of trade, 
goods or services certified by any person in respect of origin, material, mode of manufacture 
or performance, quality, accuracy or any other characteristic from goods or services not so 
certified shall be registrable as a certification mark in Part C of the Register in respect of 
those goods or services in the name, as proprietor thereof, of that person: 
Provided that a mark shall not be so registrable in the name of a person who cames on a 
trade in goods or services of the kind certified. IPINIlIZWE/TI 1 
Page 37 
(2) In determining whether a mark is apt to distinguish as mentioned in subsection (1), the 
Registrar may have regard to the extent to which-
(a) the mark is inherently apt to distinguish in relation to the goods or services in 
question; and 
(b) by reason of the use of the mark or of any other circumstances, the mark is in fact 
apt to distinguish as mentioned in subsection (1) inrelation to the goods or services 
in question. 
43 Right given by registration of certification mark 
The rights acquired by registration of a certification mark shall, subject to this Part, be the 
same as the rights acquired by registration of a trade mark in Part A of the Register and, for 
that purpose, sections eight, ten and eleven shall apply; mutatis mutandis, in relation to 
certification marks. 
44 Application for registration of certification mark 
(1) i\n application for the registration of a certification mark in Part C of the Register 
shall be made to the Registrar in writing in the prescribed manner by the person proposed to 
be registered as the proprietor thereof. 
(2) An applicant for the registration of a certification mark shall transmit to the Registrar 
draft rules for governing the use thereof at such time before the decision of the Registrar on 
the application as the Registrar may require in order to enable him to consider the draft. 
(3) Subject to this Act, the Registrar may­
(a) refuse the application; or 
(b) accept the application and approve the rules, either without modification and 
unconditionally or subject to any conditions or limitations or to any amendments or 
modifications of the application or of the rules as he may think fit. 
(4) Subsections (4) to (8) of section twenty-one shall apply, mutatis mutandis, in relation 
to an application in terms of this section as they apply in relation to an application under 
subsection (1) of section twenty-one. 
(5) In dealing with an application under this section, the Registrar shall have regard to the 
like considerations, so far as relevant, as if the application were an application under section 
twenty-one and to any other considerations relevant to applications under this section, 
including the desirability of securing that a certification mark shall comprise some indication 
that it is such a mark, and including also the following matters-
(a) whether the applicant is competent to certify the goods or services in respect of 
which the mark is to be registered; and 
(b) whether the draft rules are satisfactory; and 
(c) whether in all the circumstances the registration applied for would be to the 
advantage of the public. 
(6) An application in terms of this section may be made by a Minister on behalf of any 
Ministry or department of the State. IPlNll/ZWE/TIl 
Page 38 
45 Advertising of acceptance of application 
When an application has been accepted, the applicant shall, as soon as may be after such 
acceptance, advertise the application as accepted in the prescribed manner, and subsections 
(2) to (11) of section twenty-two shall apply, mutatis mutandis, in relation to the registration 
of the certification mark as if the application had been an application under section 
twenty-one. 
46 Rules governing use of certification mark 
(1) There shall be deposited at the Trade Marks Office in respect of every certification 
mark registered under this Part rules approved by the Registrar for governing the use thereof 
which-
Ca) shall include provisions as to the cases in which the proprietor is to certify goods or 
services and to authorize the use of the certification mark; and 
Cb) may contain any other provisions that the Registrar may require or permit to be 
inserted therein, including provisions conferring a right of appeal to the Registrar 
against any refusal of the proprietor to certify goods or services or to authorize the 
use of the certification mark in accordance with the rules. 
(2) Rules deposited in terms of subsection (1) shall be open to inspection in like manner 
as the Register. 
(3) Rules deposited in terms of subsection (1) may, on the application in the prescribed 
manner by the registered proprietor, be altered by the Registrar. 
(4) The Registrar may direct that an application for an alteration in terms of subsection 
(3) shall be advertised in any case where it appears to him that it is expedient so to do. 
(5) Where an application has been advertised in terms of subsection (4), if, within u'le 
prescribed period from the date of the advertisement, any person gives notice to the Registrru 
of oPPOSItion to the application subsections (2) to (11) of section twenty-two shall apply, 
mutatis mutandis. 
47 Rectification of Part C of Register 
The power to order rectification of the Register conferred by section thirty-seven shall 
include, in relation to certification marks, rectification on the ground that-
(a) in the case of any goods or services in respect of which the mark is registered, the 
proprietor is no longer competent to certify these goods or services as is 
contemplated by section/arty-two; or 
(b) the proprietor has failed to observe a provision of the rules deposited in terms of 
section/arty-six which it was his duty to observe; or 
(c) it is no longer to the advantage of the public that the mark should be registered; or 
(d) the advantage of the public requires that if the mark remains registered, the rules 
deposited in terms of section/arty-six should be varied. IJP~/1/~\A1~/1l/1 
Page 39 
48 Assignment or transmission of certification mark 
A certification mark shall not be assignable or transmissible otherwise than with the 
consent of the Registrar who may grant his consent subject to such terms and conditions as 
he may think fit. 
49 Appeals against refusal by registered proprietor to certify goods or services 
(l) llhere shall be a right of appeal to the Registrar in the prescribed manner against the 
refusal by the registered proprietor of a certification mark to certify goods or services or to 
authorize the use of the certification mark in accordance with the rules deposited in terms of 
section forty-six. 
(2) Notwithstanding sectionfifty-five, the Registrar shall not have jurisdiction to award 
costs to or against any party on an appeal to him in terms of subsection (1). 
50 Provisions of the Act not applicable to certification mark 
Save as otherwise provided in this Part, this Act other than-
(a) 
(b) subsections (4) to (8) of section twenty-seven and sections thirty-one, thirty-two, 
thirty-three, thirty-four and ninety-nine; and. 
any provision the operation of which is limited by the terms thereof to registration in 
Part B of the Register; shall apply, mutatis mutandis, in relation to a certification 
mark. 
PART X 
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, 
DOCUMENTS AND POWERS (sections 51-57) 
51 Preliminary advice by Registrar as to distinctiveness, deceptiveness, etc. 
(1) It shall be a function of the Registrar to give to a person who proposes to apply for the 
registration of a trade mark in Part A or Part B of the Register advice as to whether the trade 
mark appears to the Registrar prima facie-
(a) to be inherently apt to distinguish or capable of distinguishing, as the case may be, 
for the purposes of section twelve or thirteen, as the case may be; or 
(b) not to be prohibited from registration by virtue of subsection Cl) of section fourteen. 
(2) Any person referred to in subsection Cl) who is desirous of obtaining advice 
mentioned in that subsection shall make application to the Registrar therefor in the prescribed 
manner. 
(3) If, on the application for the registration of a trade mark as to which the Registrar has 
given advice in terms of subsection (1) in the affIrmative, made within three months after the 
advice is given, the Registrar, after further investigation or consideration, gives notice to the 
applicant of objection on the ground that the trade mark is not apt to distinguish or capable of 
distinguishing, as the case may be, or is incapable of registration by virtue of subsection (1) 
of sectionfourteen, the applicant shall be entitled, on giving notice of withdrawal of the 
application within the prescribed period, to have repaid to him any fee paid on the lodging of 
the application. IPINIlIZWE/TI1 
Page 40 
52 Hearing before exercise of Registrar1s discretion 
Where any discretionary or other power is given by this Act to the Registrar, he shall not 
exercise that power adversely to the applicant or the registered proprietor of the trade mark in 
question, as the case may be, without giving to the applicant or registered proprietor an 
opportunity of being heard. 
53 Evidence of certain entries and documents 
(1) A certificate purporting to be signed by the Registrar and certifying that any entry 
which is authorized by or under this Act or the repealed legislation to be made has or has not 
been made or that any other thing which is so authorized to be done has or has not been done 
shall be prima facie evidence of the matters so certified. 
(2) A copy of any entry in the Register or of any document kept in the Trade Marks 
Office or of any trade mark or an extract from the Register or any such document certified by 
the Registrar and sealed with the seal of the Trade Marks Office shall be admitted in 
evidence without further proof and without production of the originaL 
54 Inspection of documents 
(1) The Register and any prescribed form which is lodged at the Trade Marks Office 
shall, at all convenient times, be open to inspection by the public and certified copies, either 
sealed with the seal of the Trade Marks Office or unsealed as may be required, of any entry 
in, or particulars from, the Register or of any such form, as the case may be, shall be given to 
any person requiring them on payment of the prescribed fee. 
(2) Save as otherwise provided in this Act, any person who wishes to inspect any 
document submitted in connection with any application made in terms of this Act or the 
repealed legislation, not being a prescribed form, shall apply in writing to the Registrar 
stating the reason therefor and the grounds on which he claims an interest in the matter, and 
on receipt of such application the Registrar-
Ca) shall refer a copy of the application to the proprietor of, or applicant for, the trade 
mark concerned, as the case may be, who may, within such period as may be 
prescribed, object to disclosure of the document or any information contained 
therein on the grounds that the interest claimed is not genuine or that the document 
contains information disclosure of which would cause damage or prejudice; and 
(b) may, after considering any objection lodged in terms of paragraph (a), permit the 
applicant to inspect such document or portion thereof ifhe considers that inspection 
thereof is justified in the circumstances and a certified copy of such document or an 
extract therefrom may be given on payment of the prescribed fee: 
Provided that the Registrar shall not permit any inspection in terms of this 
paragi'aph-
(i) prior to the date that the acceptance of the application concerned is advertised in 
terms of subsection (1) of section twenty-two; or 
(ii) where an objection has been lodged in terms of paragraph (a), without fIrst 
notifying the person lodging the objection that he intends to permit such 
inspection and affording that person an opportunity of appealing in terms of 
subsection (3). IPINIlIZWE/TIl 
Page 41 
(3) .An appeal shall lie from any decision of the Registrar under this section. 
(4) In this section-
'prescribed form' means any application, request, authorization, declaration or other 
notice made or given in a form which has been prescribed for the purpose, but does not 
include any document accompanying or annexed to such form. 
55 Power of Registrar to award costs 
(1) Subject to subsection (2) of sectionforty-nine, in all proceedings before the Registrar 
under this Act, the Registrar shall have power to award to any party such costs as he may 
consider reasonable and to direct how and by what parties they are to be paid. 
(2) Any costs awarded by the Registrar shall be taxed by a taxing officer of the Tribunal 
and payment thereof may be enforced in the same manner as if they were costs allowed by 
the Tribunal. 
(3) An appeal shall lie from any decision of the Registrar under this section. 
56 Proceedings before Registrar 
(1) Evidence in any proceedings before the Registrar under this Act shall be given by 
affidavit: 
Provided that the Registrar may, if he thinks fit in any particular case, take oral evidence 
on oath in lieu of or in addition to such evidence. 
(2) The Registrar may, in any proceedings before him under this Act, allow any witness 
to be cross-examined on his affidavit or oral evidence. 
(3) The Registrar may, in any proceedings before him under this Act, decide the hours, 
times and places at which he will sit and he may adjourn such proceedings for such time and 
to such place as he may think fit. 
(4) For the purposes of any proceedings before him under this Act, the Registrar shall 
have the same powers, rights and privileges as are conferred upon a commissioner by the 
Commissions ofInquiry Act [Chapter 10:07J, other than the power to order a person to be 
detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall apply, mutatis 
mutandis, in relation to the .hearing and determination of any matter before the Registrar 
under this Act and to any person summoned to give evidence or giving evidence before him. 
57 Advertisements to be approved by Registrar 
(1) Subject to subsection (2), no advertisement or notice shall be published by any person 
under this Act unless it is in the prescribed form or the Registrar has approved the contents of 
such advertisement or notice and an advertisement or notice which has not been so approved 
shall not have any force or effect for the purposes of this Act. 
(2) Subsection (1) shall not apply to an advertisement or notice published by or under the 
authority of the President or the Minister. IP/N/1/ZWE/TI1 
Page 42 
PART 
TRADE lVL4.RK AGENTS (sections 58-63) 
58 Trade mark agents and their functions 
(1) Subject to this Act, a trade mark agent may act as agent on behalf of any person in 
connection with any matter or proceeding before the Registrar under this Act and may draw 
and sign all documents and make all communications between an applicant and the Trade 
Marks Office and may represent an applicant at all attendances before the Registrar. 
(2) A trade mark agent shall not be guilty of an offence under any enactment prohibiting 
the preparation for reward of certain documents by persons not legally qualified by reason 
only of the preparation or signature by him of any document relating to trade marks for use in 
the Trade Marks Office or required in any proceedings under this Act before the Registrar or 
the Tribunal. 
59 Qualifications and registration of trade mark agents 
(1) The Registrar shall-
(a) keep a Register of Trade Mark Agents in which the name of every person, 
immediately upon his being accepted for registration, shall be registered, showing 
against his name such partiCUlars as the Registrar shall from time to time deem 
necessary; and 
(b) enter in such Register of Trade Mark Agents all changes relating to registrations. 
(2) Any person ordinarily resident in Zimbabwe who-
(a) has served such period of articles as may be prescribed and has passed the 
prescribed qualifying examinations; or 
(b) has passed the prescribed qualifying examinations and produces proof that he is a 
member in good standing of The Institute of Trade Mark Agents of the United 
Kingdom; or 
( c) produces proof that he holds a qualification recognized by the Minister as being 
equivalent to the qualifications required for the purposes of paragraph (a) or (b); 
may make application to the Registrar in the prescribed manner to be registered as a trade 
mark agent, and the Registrar shall arrange such registration ifhe is satisfied that there is no 
good reason why it should not be arranged and that the applicant is not a person whose name 
could be removed from the Register of Trade Mark Agents under paragraph (b), (c) or (j) of 
subsection (1) of section sixty: 
Provided that an officer in the Public Service who has been employed in the Trade Marks 
Office shall not be registered as a trade mark agent or be permitted to practice as such until at 
least twelve months have expired since he ceased to be so employed. 
(3) Any person who, immediately before the appointed day, was registered as a trade 
mark agent in terms of the repealed legislation or was a patent agent shall be registered in 
terms of subsection (1) as a trade mark agent. 
(4) An appeal shall lie from any decision of the Registrar under subsection (2). 60 Removal of names from Register of Trade Mark Agents IPlNllIZWE/T/l 
Page 43 
(1) The Registrar may remove from the Register of Trade Mark Agents the name of any 
trade mark agent upon proof to his satisfaction that that trade mark agent-
(a) has died; or 
(b) has become of unsound mind; or 
(c) has been adjudged insolvent under any law in force in Zimbabwe or has made an 
assignment to, or composition with, his creditors; or 
(d) has ceased to reside in Zimbabwe or has ceased to maintain a place of business 
therein; or 
( e) has applied for his name to be so removed; or 
(j) has, after being convicted in Zimbabwe or elsewhere of the crime of theft, fraud, 
forgery or uttering a forged document or perjury, been sentenced to serve a term of 
imprisonment without the option of a fine, whether such sentence is suspended or 
not, and has not received a free pardon; or 
(g) having been entitled to practise as a legal practitioner or patent agent or to be 
registered as a trade mark agent, has ceased to be so entitled; or 
(h) having been entitled to practise as a legal practitioner, patent agent or trade mark 
agent, has ceased to practise as such. 
(2) An appeal shall lie from any decision ofthe Registrar under subsection (1). 
(3) Subject to this section and such procedure as may be prescribed, the Tribunal may 
order the Registrar to remove the name of any trade mark agent from the Register of Trade 
Mark Agents or may suspend any trade mark agent from practising as such for such time as it 
thinks fit if it is satisfied, after due inquiry, that such person has been guilty-
(a) of conduct discreditable to a trade plark agent; or 
(b) of a breach of any regulations prescribing the conduct of trade mark agents. 
(4) No order shall be made by the Tribun.al in terms of subsection (3) unless the trade 
mark agent concerned has been given notice of any allegations made against him and has had 
an opportunity to adduce evidence and to be heard. 
(5) Any institute or other organization recognized by the Minister as being representative 
of the trade mark agents in Zimbabwe shall be entitled to be represented before, to adduce 
evioence and to be heard by the Tribunal before it makes an order in terms of subsection (3). 
(6) Where the name of any trade mark agent has been removed from the Register of Trade 
Mark Agents under subsection (1) or (2), his name shall not be restored to that register except 
by direction of the Tribunal, which may further direct that such restoration shall be made 
either without fee or on payment of such fee, not exceeding the registration fee, as it may fix, 
and the Registrar shall restore the name accordingly. IPlNllIZWE/TIl 
Page 44 
61 Privileges of legal practitioners and patent agents 
Every person entitled to practise as a legal practitioner or patent agent in Zimbabwe may 
practise as a trade mark agent and perform the functions set out in sectionfifty-eight without 
being registered as a trade mark agent, but no such person shall be entitled to be so registered 
except under sectionfifty-nine. 
62 Entitlement to practise as trade mark agent and power of Controller to refuse to 
deal with certain agents 
(1) No person shall practise as a trade mark agent unless he is registered as such or is, by 
virtue of section sixty-one, entitled so to practise. 
(2) A person shall be deemed to practise as a trade mark agent if-
(a) he performs any of the functions of a trade mark agent set out in sectionfifty-eight; 
or 
(b) he carries on within Zimbabwe the business of applying for or obtaining for others 
the registration of trade marks in Zimbabwe or elsewhere. 
(3) No-person who is not a legal practitioner or patent agent or registered as a trade mark 
agent shall describe himself as, or hold himself out to be, a trade mark agent or use any term 
implying such a meaning, nor shall such a person permit himself to be so described or held 
out. 
(4) The Controller may refuse to recognize as agent in respect of any business under this 
Act any person who, not being a trade mark agent or entitled by virtue of section sixty-one to 
practise as a trade mark agent, is, in the opinion of the Controller, having regard to any other 
activities of that person, including the number of persons by whom that person is employed 
in any capacity and the remuneration received by him, acting as a trade mark agent in 
applying for the registration oftrade marks in Zimbabwe or elsewhere in the name, or for the 
benefit, of one or more persons by whom he is employed. 
(5) Any person who contravenes this section shall be guilty of an offence. 
63 Prohibition of certain acts of trade mark agents 
(1) No trade mark agent shall have an interest, either as a partner or manager or 
otherwise, in more than one firm of trade mark agents in Zimbabwe. 
(2) No trade mark agent shall practise under a name or title which includes the name of 
any person who is not or was not-
(a) in his lifetime ordinarily resident in Zimbabwe; or 
(b) registered as a trade mark agent under the provisions of this Act or the repealed 
legislation. 
(3) No person shall practise as a trade mark agent ifhe is a party to­
(a) a contract of partnership; or 
(b) an arrangement providing for the sharing or paying over of any professional fees; 
relating to the business of a trade mark agent with any person who is prohibited from 
practising as a trade mark agent. IPlNl1lZWE/T/l 
Page 45 
(4) Any person who contravenes tbis section shall be guilty of an offence. 
PART XII 
A.PPEALS AL"'D LEGAL PROCEEDINGS (sections 64-80) 
64 Tribunal to hear appeals 
(1) Where tbis Act provides for an appeal from a decision of the Registrar, such appeal 
shall be made to the Tribunal. 
(2) For the purposes of this Act, the Minister shall appoint a registrar of the Tribunal and 
such other officers thereof as he may deem necessary. 
(3) The Tribunal shall, in connection with any proceedings before it under tbis Act, have 
all the powers of the Supreme Court and, without derogation from the generality of the 
foregoing and of the other powers conferred upon it by this Act, the Tribunal shall have 
power to make any order for the purpose of securing the attendance of any person, the 
discovery or production of any documents, or the investigation or punishment of any 
contempt of court which the Supreme Court has power to make. 
(4) The procedure and practice .of the Tribunal shall, save as otherwise provided for by 
rules made under this Part, be those prevailing in the Supreme Court in so far as the same are 
applicable, and if any matter should arise wbich is not contemplated either by such procedure 
or practice or by such rules, the Tribunal may give instructions regarding the course to be 
pursued, which instructions shall be binding on all parties. 
(5) Upon any appeal to the Tribunal under this Part, the Tribunal may­
(a) confirm, set aside or vary the order or decision in question; 
(b) exercise any of the powers which could have been exercised by the Registrar in 
proceedings in connection with wbich the appeal is brought; 
(c) make such order as to costs as it may think fit. 
(6) For the purposes of tbis Act, the Tribunal shall sit at such times and places as it may 
determine. 
(7) In any proceedings before it under this Part, the Tribunal may­
(a) accept evidence by affidavit or take oral evidence on oath; and 
(b) allow any witness to be cross-examined on his affidavit or oral evidence. 
(8) The Tribunal shall, in any inquiry held by it in terms of tills section, record the 
proceedings and any evidence heard by it and the decision made by it and the reasons 
therefor. 
65 Right of audience 
In any proceedings before the Tribunal under this Act-
(a) the parties to such proceedings may appear in person or be represented and appear 
by a legal practitioner; and 
(b) where the Tribunal deems fit, it may grant to the Registrar leave to intervene, and he 
may thereafter appear or be represented as provided in paragraph (a). IF /NIlIZWE/T 11 
Page 46 
66 Rules 
(1) The Minister may make rules for regulating generally the practice and procedure of 
the Tribunal for the purposes of this Act and, with respect to appeals or references to the 
Tribunal under this Act, as to-
(a) the time within which any requirement of the rules is to be complied with; 
(b) the costs and expenses of and incidental to any proceedings before the Tribunal; 
(c) the fees to be charged in respect .of proceedings before the Tribunal; 
(d) the fees to be paid to assessors. 
(2) Rules made in terms of subsection (1) may provide for the summary determination of 
any appeal which appears to the Tribunal to be frivolous or vexatious or to be brought for the 
purpose of delay. 
67 Assessors 
The Tribunal may appoint any person with special expert knowledge to act as an assessor 
in an advisory capacity in any case where it appears to the Tribunal that such knowledge is 
required for the proper determination of the case. 
68 Time for appeals 
Appeals under this Part, whether from decisions of the Registrar or orders or decisions of 
the Tribunal, shall be brought within two months after the date of the decision or order in 
question or within such further time as the Tribunal or Supreme Court to which the appeal is 
brought may allow upon application by the appellant concerned. 
69 References to Tribunal by Registrar 
(1) When any matter to be decided by the Registrar under this Act appears to him to 
involve a point of law or to be of unusual importance or complexity, he may, after giving 
notice to the parties, refer such matter to the Tribunal for a decision and shall thereafter, in 
relation to such matter, act in accordance with the decision of the Tribunal or any decision 
substituted therefor on appeal to the Supreme Court. 
(2) Where any matter has been referred to the Tribunal in terms of subsection (1), the 
Registrar and the parties shall be entitled to be heard by the Tribunal before any decision is 
made in such matter and may appear or be represented in accordance with section sixty-five. 
70 Registration to be prima facie evidence of validity 
In all legal proceedings relating to a registered trade mark, including applications under 
section thirty-seven, the fact that a person is registered as proprietor of the trade mark shall 
be prima facie evidence of the validity of the original registration of the trade mark and of all 
subsequent assignments and transmissions thereof. 
71 Certification of validity 
In any legal proceedings in which the validity of the registration of a registered trade mark 
comes into question and is decided in favour of the proprietor of the trade mark, the High 
Court or Tribunal may certify to that effect and, if it is so certified, then, in any subsequent 
legal proceedings in which the validity of the registration comes into question, the proprietor IPIN/lIZWEITIl 
Page 47 
of the trade mark, on obtaining a final order or judgment in his favour, shall have his full 
costs, charges and expenses as between legal practitioner and client, unless in the subsequent 
proceedings the High Court or Tribunal certifies that he ought not to have them. 
72 Infringement action to be heard in High Court 
(1) Any action or legal proceedings relating to the infringement of a trade mark shall be 
brought in the High Court on notice of motion. 
(2) In any action or legal proceedings brought in terms of subsection (1) the defendant 
may, in regard to any registered trade mark in issue, counter-claim for the rectification of the 
Register and if he does so-
(a) he shall, within the time limit for delivery of the counter-claim, serve the Registrar 
with the same and a copy of the notice of motion, action or proceedings, and 
(b) the Registrar shall be entitled to take such part in the action as he may think fit 
without delivering a defence or other pleading. 
73 Trade usage, etc., to be considered 
In any action or proceedings relating to a trade mark the Tribunal or the Registrar, as the 
case maybe, shall admit evidence of the usages of the trade concerned and of any relevant 
trade mark legitimately used by other persons. 
74 Registrar's appearance in proceedings involving rectification 
(1) In any legal proceedings in which the relief sought includes alteration or rectification 
of the Register, the Registrar-
(a) shall have the right to appear and be heard; and 
(b) shall appear if so directed by the Tribunal. 
(2) Unless otherwise directed by the Tribunal, the Registrar, in lieu of appearing and 
being heard, may submit to the Tribunal a statement in writing signed by him, giving 
particulars of the proceedings before him in relation to the matter in issue or of the grounds 
of any decision given by him affecting it or of the practice of the Trade Marks Office in like 
cases or of such other matters relevant to the issues, and within his knowledge as Registrar, 
as he thinks fit, and the statement shall be deemed to form part of the evidence in the 
proceedings. 
75 Power of Tribunal to review decision of Registrar 
The Tribunal, in dealing with any question of the rectification of the Register, including 
any application under. section thirty-seven, shall have power to review any decision of the 
Registrar relating to the entry in question or the correction sought to be made. 
76 Discretion of Tribunal in appeals 
In any appeal from a decision of the Registrar to the Tribunal, the Tribunal shall have and 
exercise the same discretionary powers as under this Act are conferred upon the Registrar. IPINI1!ZWE/TIl 
Page 48 
77 Procedure in cases of option to apply to Tribunal or Registrar 
Wbere under any of this Act an applicant has an option to make an application either to 
the Tribunal or to the Registrar and such application is made to the Registrar, the Registrar 
may-
(a) at any stage of the proceedings, refer the application to the Tribunal; or 
(b) after hearing the parties, determine the question between them, subject to appeal to 
the TrIounal. 
78 Security for costs and taxation of costs 
(1) Wben a party to proceedings before the Registrar or the Tribunal or an appellant is 
resident outside Zimbabwe or has no immovable property therein, the Registrar or the 
Tribunal may order such party or appellant to give security, within such time as may be 
directed, for the costs of the proceedings or appeal. 
(2) If the party or appellant ordered to give security for costs fails to do so within the time 
directed, the Registrar or the Tribunal may-
Ca) treat the proceedings or appeal as abandoned; or 
Cb) treat the party concerned as having abandoned any rights he may hav€ had in the 
matter. 
(3) Wbere a bond is to be given as security for costs, it shall, unless the Registrar or the 
Tribunal otherwise directs, be given to the party requiring the security. 
(4) Unless otherwise agreed between the parties, any costs awarded in terms of subsection 
(5) of section sixty-four-
(a) shall be taxed by the registrar of the Tribunal in accordance with rules made under 
this Part, which taxation shall be subject to appeal to the Tribunal; and 
(b) may be recovered by action in a court of competent jurisdiction. 
79 Costs of Registrar 
In an proceedings before the Tribunal under this Act, the costs of the Registrar shall be in 
the discretion of the Tribunal, but the Registrar shall not be ordered to pay the costs of any 
other party. 
80 Appeals to Supreme Court 
(1) Any party to any proceedings before the Tribunal may appeal from any order or 
decision of such Tribunal to the Supreme Court. 
(2) Upon the hearing of 3..1"1 appeal under this section, the Supreme Court may, without 
prejudice to its other powers-
Ca) confirm, set aside or vary the order or decision in question; 
(b) remit the proceedings to the Tribunal with such instructions for further 
consideration, report, proceedings or evidence as the Supreme Court may think fit to 
gIve; IP /NI lIZWE/T 11 
Page 49 
Cc) exercise any of the powers which could have been exercised by the Tribunal in the 
proceedings in connection with which the appeal is brought; 
Cif) make such order as to the costs of the appeal or of earlier proceedings in the matter 
before the Tribunal as it may think fit. 
(3) In an appeal from an order or decision of the Tribunal, the Supreme Court shall have 
power to exercise the same discretionary powers as are under this Act conferred upon the 
Registrar or the Tribunal, as the case may be. 
PARTXll 
PROTECTION OF REGISTERED TRADE l\<IARKS (sections 81-91) 
81 Interpretation in Part XIII 
In this Part-
'apply to', in relation to goods, means-
(a) to emboss, impress, engrave, etch or print upon; or 
Cb) to weave or otherwise work into; or 
Cc) to annex or affix to; such goods; 
'covering' means any bottle, box, capsule, case, cask, frame, vessel, wrapper or other 
container or cover and includes a band, label, ticket or reel; 
'cnstoms officer' means an officer as defined in section 2 of the Customs and Excise Act 
[Chapter 23:02J; 
'Director of Customs and Excise' means the Director of Customs and Excise appointed 
in terms of111.e Customs and Excise Act [Chapter 23:02]; 
'forged', in relation to a registered mark, means imide or falsified as described in section 
eighty-three; 
'inspector' means a person appointed as an inspector in terms of the Merchandise Marks 
Act [Chapter 14:13]; 
'sell' includes-
(a) to expose for sale; and 
(b) to have in possession for the purpose of sale or for any purpose of trade or 
commerce. 
82 Application of trade mark 
(1) A trade mark or other mark shall be deemed to be applied to goods if­
(a) it is applied to the goods themselves; or 
(b) it is applied to a covering on, in or attached to which the goods are sold; or ]]?!rJ/l/~~/ll/1 
Page 50 
(c) the goods are placed in or around, enclosed by or annexed to any covering to which 
the trade mark or other mark has been applied; or 
(d) it is used in any manner likely to lead to the belief that the goods in connection with 
which it is used are designated by that trade mark or other mark. 
(2) Goods delivered in pursuance of an offer or request made by reference to a trade mark 
or other mark appearing in any sign, advertisement, invoice, winelist, catalogue, business 
letter, business paper, pricelist or other commercial document shall, for the purposes of 
paragraph (d) of subsection (1), be deemed to be goods in connection with which the trade 
mark or other mark is used. 
(3) A trade mark or other mark shall be deemed to be applied in relation to services if it is 
used in any manner likely to lead to the belief that the services in connection with which it is 
used are designated by that trade mark or other mark. 
(4) A registered trade mark shall be deemed to be falsely applied to goods or in relation to 
services if, without the consent of the proprietor or the authority of this Act, the registered 
trade mark or a mark so nearly resembling it as 
to be likely to deceive or cause confusion is applied to the goods or in relation to the services, 
as the case may be. 
83 Forgery of registered trade mark 
A person shall be deemed, for the purposes of this Part, to forge a registered trade mark if­
(a) without the consent of the proprietor of the registered trade mark or the authority of 
this Act, he makes that trade mark or a mark so nearly resembling that trade mark as 
to be likely to deceive or cause confusion; or 
(b) he falsifies a registered trade mark, whether by alteration, addition, effacement or 
otherwise. 
84 Prohibition of forgery of registered trade marks and other acts 
(1) Subject to subsection (2), any person who-
(a) 
(b) 
(c) 
(d) 
(e) 
(i) 
(ii) 
(iii) forges a registered trade mark; or 
falsely applies to goods or in relation to services a registered trade mark; or 
makes a die, block, machine or other instrument for the purpose of forging, or of 
being used for forging, a registered trade mark; or 
disposes of, or has in his possession, a die, block, machine or other instrument for 
the purp'ose of forging, or of being used for forging, a registered trade mark; or 
without the consent of the proprietor of a registered trade mark-
makes, imports or has in his possession any device for applying that registered 
trade mark to goods or in relation to services; or 
makes any reproductions, replicas or representations of that trade mark; or 
imports any reproductions, replicas or representations of that trade mark 
otherwise than on goods to which they have been applied; or 
(j) makes, imports or has in his possession-IP/NIlIZWE/TIl 
Page 51 
(i) any device for applying to any goods or in relation to any services a mark so 
nearly resembling a registered trade mark as to be likely to deceive or cause 
confusion; or 
(ii) any reproductions, replicas or representations of a mark so nearly resembling a 
registered trade mark as to be likely to deceive or cause confusion, for the 
purpose of applying them to goods or in relation to services contrary to the 
provisions of this Part; or 
(iii) any coverings bearing a mark so nearly resembling a registered trade mark as to 
be likely to deceive or cause confusion, for the purpose of using them to cover 
or contain, or in relation to, goods contrary to the provisions of this Part; 
shall be guilty of an offence. 
(2) It shall be a sufficient defence to any charge-
Ca) under subsection (1), if the person concerned proves that he acted without intent to 
defraud; or 
(b) under paragraph (b) or ( c) of subsection (1) if the person concerned proves that-
(i) in the ordinary course of his business he was employed on behalf of other 
persons, dther to make dies, blocks, machines or other instruments for making 
or being used in making trade marks or, as the case may be, to apply trade 
marks to goods or in relation to services and that, in the case which is the 
subject of the charge, he was so employed by some other person and was not 
interested the goods or services by way of profit or commission dependent on 
the sale of such goods or performance of such services; and 
(ii) he took reasonable precautions against committing the offence charged; and 
(iii) he had, at the time of the commission of the alleged offence, no reason to 
suspect the genuineness of the trade mark; and 
(iv) on request made by an inspector or police officer, he gave to that inspector or 
police officer all the information in his power with respect to the persons on 
whose behalf the trade mark was applied. 
85 Prohibition of sale or importation of goods or performance of services with forged 
registered trade mark 
(1) Subject to subsection (2), any person who sells or imports any goods or performs any 
services to which-
(a) a forged registered trade mark is applied; or 
(b) a registered trade mark is falsely applied; shall be guilty of an offence. 
(2) It shall be a defence to any charge under subsection (1) if the person concerned proves IP/N/l IZWE/TI 1 
Page 52 
that-
(a) having taken all reasonable precautions against committing an offence under this 
Part-
(i) he had, at the time of the sale, no reason to suspect the genuineness of the trade 
mark; and 
(ii) on request made by an inspector, police officer or customs officer, he gave to 
that inspector or officer all the information in his power with respect to the 
person from whom he obtained such goods; 
or 
Cb) otherwise he had acted innocently. 
86 Provision for restricting importation of goods bearing registered trade mark 
(1) The proprietor or registered user ofa registered trade mark who is a manufacturer, 
dealer or trader in Zimbabwe may give notice in writing to the Director of Customs and 
Excise that he-
(a) is the proprietor or registered user, as the case may be, of the registered trade mark; 
and 
(b) requests the Director of Customs and Excise, during the period specified in the 
notice, to treat as prohibited goods, goods which are grown, manufactured or 
produced outside Zimbabwe and to which there has been applied a trade mark which 
is identical with the registered trade mark or which so nearly resembles it as to be 
likely to deceive or cause confusion: 
Provided that-
(i) the period specified m a notice under this subsection shall not exceed five years 
and shall not extend beyond the period for which the trade mark is registered; 
Cii) the Director of Customs and Excise may refuse to act in terms of a notice given 
under this subsection until the person giving the notice furnishes him with 
security, in such form and for such amount as the Director of Customs and 
Excise may require, to secure the fulfilment of any liability and the payment of 
any expense which he may incur by reason of the detention by him of any 
goods to which the notice relates or as a result of anything done by him in 
relation to goods so detamed. 
(2) Where a notice has been given under subsection (1) and has not been withdrawn, the 
importation into Zimbabwe at a time before the end of the period specified m the notice of 
any goods referred to in paragraph (b) of subsection (1) shall be prohibited. 
(3) Subject to any regulations made in terms of section one hundred and four, the 
Director of Customs and Excise may, if, in his opinion, the contravention has not occurred 
either intentionally or negligently, notwithstanding section 47 of the Customs and Excise Act 
[23:02J permit goods which are liable to be or have been seized in terms of this section to be 
delivered to the owner or importer upon security being given to the satisfaction of the 
Controller of Customs and Excise that-Ca) the improper marks will be effectually removed from the goods; or IP /N/lIZWE/T 11 
Page 53 
(b) such additions will be made as will render unobjectionable any mark applied to the 
goods; or 
( c) the goods will be forthwith exported. 
(4) An appeal shall lie from any decision of the Director of Customs and Excise under 
subsection (3) as though it were a decision ofthe Registrar and Part XII shall apply, mutatis 
mutandis, in relation to such appeal as though any reference in that Part to the Registrar were 
a reference to the Director of Customs and Excise. 
87 Power to require information in respect of imported goods bearing fraudulent 
marks 
(1) Where goods the importation of which is prohibited by section eighty-six are imported 
into Zimbabwe and the Director of Customs and Excise is, upon representations made to him, 
satisfied that the use of the trade mark constitutes a forgery, a customs officer may require 
the importer of the goods or his agent to produce any documents in his possession relating to 
the goods and to furnish information as to the name and address of the person by whom the 
goods were consigned to Zimbabwe and the name and address of the person to whom the 
goods were sent in Zimbabwe. 
(2) i\n importer or his agent who fails to comply with any requirement in terms of 
subsection (1) within fourteen days shall be guilty of an offence. 
(3) Notwithstanding section 210 of the Customs and Excise Act [Chapter 23:02J, the 
Director of Customs and Excise may communicate to the proprietor or registered user of a 
registered trade mark which is alleged to have been used in contravention of this Act the 
name and address of the importer of the goods Or his agent and such other information 
relating to that importer or his agent as the Director of Customs and Excise considers 
expedient in the circumstances. 
88 Aiding and abetting offence under this part 
Any person who within Zimbabwe procures, counsels, aids, abets or is accessory to the 
commission outside Zimbabwe of any act which, if committed within Zimbabwe, would be 
an offence under this Part, shall himself be guilty of an offence. 
89 Limitation of period of prosecution 
No prosecution for an offence under this Part shall be commenced after the expiration of a 
period of-
(a) three years f!om the date on which the offence is alleged to have been committed; or 
(b) one year after the first discovery thereof by a police officer or customs officer; 
whichever is the earlier. 
90 Evidence 
(l) Any invoice or other document submitted or used by an importer or any other person 
in connection with the importation of goods in respect of which a prosecution is brought 
under this Part may be produced as evidence in any criminal proceedings without calling the 
person who prepared or signed it. IPIN/1/ZWE/T/1 
Page 54 
(2) In any prosecution for an offence lLl1der this Part, evidence that any imported goods 
were shipped at any port of call shall be prima facie evidence that those goods were grown, 
manufactured or produced in the country within which that port is situated. 
(3) Where, in any prosecution for an offence under this Part, the consent of the proprietor 
of a trade mark is a relevant issue. the onus of proving the consent of such proprietor shal1lie 
on the accused. 
91 Forfeiture of goods 
(1) On conviction of any person for an offence under this Part, the court may, in addition 
to any sentence passed, declare any goods in respect or by means of which the offence was 
committed to be forfeited to the State, 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. 
(2) After any goods in respect of or by means of which it is suspected that an offence 
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 (sections 92-96) 
92 Falsification of ent.ries in Register 
Any person who-
(a) makes or causes to be made a false entry in the Register; or 
Cb) makes or causes to be made a writing falsely purporting to be a copy of an entry in 
the Register; of 
(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. 
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 
Cb) 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 IPINIlIZWE/TIl 
Page 55 
(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 five hundred dollars. 
(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-
(a) where that word or symbol is used in physical association with other 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 Ca); or 
(c) where that word or symbol is used in relation to a mark regi~tered 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 
(b) for the purpose of procuring or influencing the doing or omission of anything m 
relation to this Act or any matier thereunder; 
makes or submits a false statement or representation, whether orally or in writing, knowing 
the same to be false, shall be guilty of an offence. 
(2) Any person who, having innocently made a false statement or representation, whether 
orally or in writing, for the purpose of procuring or influencing the doing or omission of 
anything in relation to this Act or the repealed legislation or any matier thereunder and who, 
on becoming aware that such statement Of representation was false, fails to advise the 
Registrar forthwith of such falsity shall be guilty of an offence. 
95 Witness giving false evidence 
Any person who, after having been sworn, wilfully gives false evidence before the 
Registrar or the Tribunal concerning the subject matter of the proceeding in question, 
knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of 
an offence. IP 1Nl lIZWE/T 11 
Page 56 
96 Penalties 
Save where otherwise specially provided in this Act, any person who is guilty of an 
offence under this Act shall be liable to a fine not exceeding two thousand dollars or to 
imprisonment for a period not exceeding two years or to both such fine and such 
imprisonment. 
PART XV 
GE~'ERL\L (sections 97-1(4) 
97 Convention arrangements 
(1) iNhere any person who-
(a) has applied for protection of a trade mark in a Convention country or is the legal 
representative or assignee of a person who has made such application; and 
Cb) applies in terms of this Act, within six months from the date of the application for 
protection in the Convention country, for registration of the trade mark; 
he shall be entitled, ifhis trade mark is otherwise registrable in terms of this Act,to 
registration of his trade mark in priority to other applicants and the registration shall have the 
same date as the date ofthe application in the Convention country: 
Provided that nothing in this section shall entitle the proprietor of a trade mark to recover 
damages for infringements happening prior to the actual date on which his trade mark is 
registered in Zimbabwe. 
(2) Where applications have been made for the registration of a trade mark in two or more 
Convention countries, the period of six months referred to in paragraph (b) of subsection (1) 
shall be reckoned from the date on which the earlier or earliest of those applications was 
made. 
(3) Where a person has applied for protection for a trade mark by an application which in 
accordance with-
(a) the terms of a treaty subsisting between any two or more Convention countries, is 
equivalent to an application duly made in anyone of those Convention countries; or 
(b) the law of any Convention country is equivalent to an application duly made in that 
Convention country; he shall be deemed for the purposes of this section to have 
applied in that Convention country~ 
(4) The registration of a trade mark shall not be invalidated by reason only of the use 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 Powe:r of IVIinister to institute actions outside Zimbabwe IP/NIl/ZWE/TIl 
Page 57 
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 
perfonned 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 trademark or description is used or 
applied were perfonned from Zimbabwe, as the case may be. 
99 Change of form of t:rade 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 fonn 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 fonn 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 1?ehalf of both or all of them; or 
(b) in relation to an article with which both or an 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. IPINllIZWE/T/l 
Page 58 
102 Provisions as to fees 
(1) Vlhere, 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) An fees shall be paid at the Trade Marks Office in such manner as the Controller, with 
the approval of the Minister, may accept. 
103 Patent and Trade Marks Journal 
Particulars of applications for the registration of trade marks and other proceedings or 
matters arising under this Act, together with such reports or cases and other relevant matters 
as the Controller may deem fit, shall be published in the Patent and Trade Marks Journal 
published in terms of section 95 of the Patents Act. 
104 Power to make regulations 
(1) The Minister may make regulations prescribing anything which under this Act is to be 
prescribed and generally for the better carrying out of the objects and purposes ofthis Act or 
to give force or effect to its provisions or for its better administration. 
(2) Regulations made in terms of subsection (1) may provide for-
(a) regulating the practice under this Act, including the service of documents; 
(b) classifying goods and services for the purposes of registration of trade marks: 
(c) making or requiring duplicate representations of trade marks and other documents; 
(d) securing and regulating the publishing and selling or distributing, in such manner as 
he thinks fit, of copies and other documents; 
(e) regulating the conduct ofthe business ofthe Trade Marks Office; 
if) the qualifications for eligibility to enter into articles with a trade mark agent or 
patent agent and matters relating to such articles or service thereunder; 
(g), examinations for the qualifications of trade mark agents in terms of this Act, the 
recognition for such purpose of qualifications obtained, either in or outside 
Zimbabwe, and the fees to be paid in connection with the registration of trade mark 
agents; 
(h) the professional conduct of trade mark agents; 
(i) other fees payable under this Act and fees which may be charged in relation to the 
conduct of trade mark business by trade mark agents and by patent agents or legal 
practitioners performing the functions of trade mark agents. 
(3) Regulations referred to in paragraph (b) of subsection (2)-
(a) may themselves classify the goods and services concerned; or 
(b) may simply refer to a classification system prescribed by or set out in any treaty or 
international agreement, in which event a copy of the treaty or agreement shall be 
kept available for inspection, free of charge, at the Trade Marks Office: ZIMBABWE 
AC 
To amend the Trade Marks Act [Chapter 26:04]. 
ENACTED by the President and the Parliament of Zimbabwe. 
\ 
1 Short title and date of commencement 
0) This Act may be cited as the Trade Marks Amendment Act, 200l. IP/NIlIZWE/TI1 
Page 59 
(2) This Act shan come into operation on a date to be fixed by the President by 
statutory instrument. 
2 Amendment of section 2 of Cap. 26:04 
Section 2 of the Trade Marks Act [Chapter 26:04] (hereinafter called "the principal 
Act") is amended in subsection (l)-
(a) by the repeal of the definition of "mark" and the substitution of-
""mark" means any sign which can be represented graphically and is capa­
ble 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] ;". 
:3 Amendment of section 5 of Cap. 26:04 
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 IPINI1IZWE/TIl 
Page 60 
(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 terms of this Act.". 
4 Amendment of section 6 of Cap. 26:04 
Section 6 of the principal Act is amended in the proviso by the insertion after "other 
person" of "for unlawful competition pr' . 
5 Amendment of section 8 of Cap. 26:04 
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 regi­
stered trade mark shallbeinfnnged by any unauthorised use in the course 
of trade, whether as a trade mark or otherwis'e, of a mark that is identical 
to the registered trade markor so nearly resembling it as to be likely to 
deceive or cause confusion, where that mark is used in relation to the 
same or similar goods or services as those in respect of which the trade 
mark is registered."; 
Cb) by the insertion after subsection (5) of the followil1g subsection-
H( 6) Where a mark that 1S identical to a registered trade mark is 
used as a trade! mark in respect of the same goods or services as those in 
respect of which the registered mark is registered, it shall be presumed for 
the purposes of this section, unless the contrary isproved, that such use is 
likely to deceive or cause confusion.". 
6 New sections inserted in Cap. 26:04-
The principal Act is amended by the insertion after section 9 of the following 
sections-
"9A Entitlement to and nature of civil remedies for infri~ement 
( 1) Subject to this Act; an infringement of a regimered'trade mark 
shall be actionable at the suit of the proprietor -and any registered user of the 
mark. 
(2) Subject to this Act, in any proceedings for an infringement of a 
registered trade mark there shall be available to the plaintiff ciii such remedies, 
by way of damages, interdict, attachment, the rendering of account, the 
delivery of improperly marked goods or of articles used or intended to be 
used for marking goods or otherwise, as are available in respect of the 
infringement of any other proprietary right. 
98 Forum in which remedies for infringement may be sought 
Proceedings in respect of an infringement of a regIstered trade mark 
may be instituted-
(a) in the Tribunal; or 
(b) inthe High Court; or IPINIl/ZWE/T/l 
Page 61 
(c) subject to the jurisdictional limits provided for in the 
Magistrates Court Act [Chapter 7: 1 0], in a magistrates court: 
Provided that the Tribunal shall not have jurisdiction to entertain 
criminal proceedings. 
9C Damages in infringement proceedings 
0) Damages for an infringement of a registered trade mark may, at 
the option of the person seeking them, be calculated on the basis of the amount 
that a registered user would reasonably have been expected to pay under the 
circumstances for his use of the trade mark concerned: 
Provided that, if the person seeking damages intends to exercise 
this option, he shall give notice of his intention, in writing, to any registered 
user of the trade mark concerned. 
(2) In determining the amount of damages in proceedings for an 
infringement of a registen~d trade mark, the Tribunal or court shall take the 
following factors into account, in addition to an other material considera­
tions-
(a) the extent and nature of the infringement; and 
(b) the amount which could be payable to the proprietor in respect 
of the use of the trade mark by some other person. 
(3) Where in proceedings for an infringement of a registered trade 
mark it is established that an infringement was committed and the Tribunal 
or court, having regard to-
(a) the flagrancy of the infringement; and 
Cb) any benefit shown to have accrued to the person responsible 
for the infringement as a result of it; 
is satisfied that effective relief would not otherwise be available to the plain­
tiff or applicant, the Tribunal or court shan have power to award such addi­
tional damages' as it thinks fit. 
(4) Where in proceedings for an infringement of a registered trade 
mark it is established that an infringement was committed but that at the 
time of the infringement the person responsible for it was not aware and had 
no reasonable grounds for suspecting that he was not entitled to engage in 
the infringing activity, the plaintiff or applicant shall not be entitled under 
this section to any damages against that person in respect of the infringement. 
9D Anton PilIer orders 
(1) If a person who has instituted or intends instituting proceedings 
for an infringement of a registered trade mark satisfies the Tribunal or a 
court that, prima facie-
(a) he has a cause of action against another person which he 
intends to pursue; and 
(b) the other person has in his possession documents or other things 
of whatsoever nature which constitute evidence of great 
importance in substantiation of that cause of action; and IPlNllIZWE/TIl 
Page 62 
(c) there is a real and well-founded apprehension that the docu­
ments or other things may be hidden, destroyed or rendered 
inaccessible before discovery can be made in the usual way; 
the Tribunal or court, as the case may be, may make such order as it con­
siders necessary or appropriate to secure the preservation of the documents 
or things as evidence. 
(2) An order in terms of subsection (1) may be granted without 
notice to the person who is allegedly in possession of the documents or other 
things to which the order relates, and the Tribunal or court may sit in camera 
for the purpose qf hearing an application for such an order: 
Provided that the Tribunal or Court shall not grant an order without 
such notice unless it is satisfied that there is a real possibility that the docu­
ments or things will be hidden, destroyed or rendered inaccessible if notice 
is given. 
(3) An order in terms of subsection (1) may be granted on such 
conditions, including the giving of security by the applicant, as the Tribunal 
or court may fix. 
(4) This section shall not be taken to limit any power a court may 
have under its ordinary jurisdiction to grant orders such as are referred to in 
this section. 
9E Protection of familiar foreign marks 
(1) In this section-
"familiar foreign mark" means a mark which is well known in Zim­
babwe as being the mark of a person who-
(a) is a national of a Convention country; or 
(b) is domiciled in, or has a real and effective industrial or 
commercial establishment in, a Convention country; 
whether or not that person carries on business or has any good­
will in Zimbabwe. 
(2) On application by the proprietor of a familiar foreign mark, the 
Tribunal or a court of competent jurisdiction may prohibit the use in Zimba­
bwe of a trade mark which constitutes, or the essential part of which consti­
tutes, a reproduction, imitation or translation of the familiar foreign mark, 
where the trade mark is being or will be used in relation to--
(a) goods or services which are identical or similar to the goods 
or services in respect of which the familiar foreign mark is 
well known in Zimbabwe, where such use is likely to deceive 
or cause confusion; or 
(b) goods or services which are not similar to those in respect of 
which the familiar foreign mark is well known in Zimbabwe, 
if-
(i) the use of the trade mark in relation to those goods or 
services would indicate a connection between them and 
the proprietor of the familiar foreign mark; and IP/NI1 IZWE/TIl 
Page 63 
(ii) the interests of the proprietor of the familiar foreign mark 
are likely to be injured by such use; and' 
(iii) the familiar foreign mark is registered as a trade mark in 
the Convention country concerned.". 
(3) The proprietor of the familiar foreign mark shall, within a month of insituting 
infringement procedures, apply for the registration of the said mark in Zimbabwe. 
7 Amendment of section 14 of Cap. 26:04 
Section 14 of the principal Act is amended by the insertion after subsection (2) of the 
following subsection-
"(2a) \Vithout derogation from subsection (n or (2), the Registrar shall, on his 
own initiati ve or at the request of an interested party, refuse or invalidate the registration 
of a trademark which contains· or consists of a geographkal indication with respect to 
goods not originating in the temtory indicated, if use of the indication in the trademark 
for such goods in Zimbabwe is of such a· nature as to mislead the public as to the true 
place of origin.". 
8 Amendment of section 15 of Cap. 26:04 
Section 15 of the principal Act is amended in subsection (1) by the insertion after 
paragraph (b) of the following paragraph-
"or 
(c) . could, if itwere registered, be the subject orap order under section nine. E 
prohibiting its use on the ground. that it is. a reproduction, imitation or 
translation ofaJamil1ar foreign mark as defined in that section.". . ,. ., . . 
-.. 
9 New s~ction inserted in Cap. 26:04 
The principal Act is amended by the insertion after section 15 of the following 
section-· -' 
"15A Prohibition of registration of State emblems, etc. 
A mark cannot be validly registered ifit is identical with, or is an imi­
tation of or contains as an element, an armorial bearing,.t1ag and other em­
blem, a name or abbreviation or i9nitials of the name of, or official sign or 
hallmark adopted by any State, intergovernmental organisation or organisa­
tion cieated by an international convention, unless authorised by the compe­
tent authority of that State or organisation.". 
10 Amendment of section 24 of Cap. 26:04 
The principal act is amended by the insertion after subsection (3) of the follow­
ing proviso-
"Provided that a period of grace of six months shaH be allowed for the late pay­
ment of the renewal fee.". IP /NI lIZWE/T 11 
Page 64 
11 Amendment of section 31 of Cap. 26:04 
Section 31 of the principal Act is amended in :mbsectiol1 (3) by the insertion aftci· 
"speciaJ circumstances in the trade" of "or to other circumstances, such as Government 
action, [hat eU'1se independently of the will of the proprietor of the trade mark,". 
12 New sections substituted for sections 64 to 69 of Cap. 26:04 
Sections 64 to 69 of the principal Act are repealed and the following sections are 
substituted-
"64 Appeals from Registrar 
Where thi'l .Act provides for an appeal against 3. decision of the Regis­
trar, the appeal. shall be made to the Tribtmalin accordance \;,;i[h this Part and 
the Intellectual Ptyperty Tribunal Act [Chapter 26:06]. 
65 Time for appeals 
An appeal rc:ferrecl to in section sixty-Jour shall be todged \v1rh the 
Tribunal wimin two months nfter the appelknt was notified of the:-decision 
or orJ~r against 'vvmeh the appeal is brought or \vithin sucl: further time as 
the Tribunal may for good cause allow. 
66 Powers of Tribunal on appeal 
Without derogation from section 8 of the Intellectual Property Tribu­
nal Act [Chapter 26:06], in any appeal under this Act the Tribunal may-
(a) confirm, set aside or vary the order or decision against which 
the appeal is brought; 
(b) exercise any of the powers which could have been exercised 
by the Registrar in the proceedings in connection with which 
the appeal is brought. 
67 References to Tribunal by Registrar 
(1) If it appears to the Registrar that any matter to be decided by 
him under this Act involves a point of law or to be of unusual importance or 
complexity, he may, after giving notice to the parties, refer the matter to the 
Tribunal for decision, and thereafter in relation to that matter he shall act in 
accordance with the decision of the Tribunal or any decision substituted 
therefor on appeal to the Supreme Court. 
(2) Where a matter has been referred to the Tribunal in terms of 
subsection (1), the Registrar and the parties shall be entitled to be heard by 
and appear before the Tribunal before any decision is made in the matter.". 13 New section substituted for sectiort 72 of Cap. 26:04 IPINIlIZWE/TIl 
Page 65 
Section 72 of the principal Act is repealed and the following section is substituted­
"72 Counterclaim for rectification of Register in proceedings for 
infringement 
In any proceedings for an infringement of a registered trade mark, the 
defendant or respondent may counterclaim for the rectification of the Reg­
ister and, if he does so-
(a) he shall, within the time-limit for the deliver of the counter­
claim, serve it on the Registrar with a copy of any notice, sum­
mons or other document by which the proceedings were insti­
tuted; and 
Cb) the Registrar shall be entitled to take part in the proceedings 
without delivering a defence, affidavit or other notice or pleading: 
Provided that he shall appear in the proceedings if directed 
to do so by the court concerned or the Tribunal, as the case may be.". 
14 Repeal of section 76-of Cap. 26:04 
Section 76 of the principal Act is repealed. 
15 Repeal of section 78 of Cap. 26:.04 
Section 78 of the principal Act is repealed. 
16 Repeal of section 80 of Cap_ 26:04 
Section 80 of the principal Act is repealed. 
17 New section substituted for section 86 of Cap. 26:04 
Section 86 of the principal Act is repealed and the following is substituted-' 
"86 Restriction on importation or exportation of counterfeit trade mark 
goods 
( 1) In this section-
"counterfeit trade mark goods" means any goods which bear with­
out authorisation a trade mark which-
(a) is identical to a registered trade mark; or 
Cb) cannot be distinguished in its essential aspects from a 
registered trade mark; 
and thereby infringes the rights of the proprietor of the regis­
tered trade mark; 
"proprietor", in relation to a registered trade mark, includes a regis­
tered user of the trade mark. 
(2) If the proprietor of a registered trade mark, by written notice to 
the Director of Customs and Excise-
(a) informs the Director that he is the proprietor of the trade mark; and lJ>~/l/~\AT~/lr/l 
Page 66 
(b) satisfies the Director that there are reasonable grounds to sus­
pect that counterfeit trade mark goods have been or may be 
imported into or exported from ~imbabwe; and 
(c) requests the Director to treat the counterfeit trade mark goods 
referred to in paragraph Cb) as prohibited goods; and 
(d) describes the goods concerned with sufficient particularity to 
make them readily identifiable; 
the Director shall forthwith comply with the request and ensure that no such 
goods are imported into or exported from Zin:babwe, and that any such goods 
that have been imported but not yet entered are not released to the importer: 
Provided that the Director need not comply with such a request un­
til the proprietor furnishes him with security in such form and for such amount 
as the Direct?f may require to secure the fulfilment of any liability and the 
payment of any expense which he may incur as a result of the detention of 
any goods to which the request relates or as a result of anything done by him 
in relation to goods so detained. 
(3) Where a request has been made under subsection (1) and has 
not been withdrawn, the importation into or exportation from Zimbabwe of 
any goods to which the request relates shall be prohibited for a.period of ten 
working days from the date on which the Director of Customs and Excise 
complies with the request: 
Provided that-
(i) if within that period the proprietor has instituted pro­
.ceedings for an order in terms of subsection (4), or pro­
ceedings for any other orderleading to a decision on the 
merits of the matter, the importation or exportation of 
the goods concerned shall continue to be prohibited until 
the determination of those proc~edings or until the court 
or tribunal concerned orders otherwise; 
(ii) this subsection shall not apply to the importation or 
exportation of a single article by a person for his per­
sonal and private use. 
(4) If the proprietor of a registered trade mark satisfies the lrribunal 
or a court that-
(a) he is the proprietor of the trade mark; and 
(b) there are reasonable grounds to suspect that counterfeit trade 
mark goods have been or may be imported into or exported 
from Zimbabwe; 
the lrlibunal or court may issue an order directing the Dirccluf of Customs 
JJ."1d Excise to prevent the importation or exportmiOl1, as the case may be, e)f 
those goods. (5) 1\11 order under subsectIon (4)-IPINIlIZWE/TIl 
Page 67 
Ca) shall describe the goods cODcerned with suffiClcnt PJrticulcl.r~ 
ity to make them readii:y id;:;ntifiahle: and 
rb) may be granted subject to conditions, including the giving of 
security by the applicant and the inspection of the goods con­
cerned. 
(6) For so long as an order lmder subsection (4-) i~ in focce, the 
Director of Customs and Excise shall treat the goods to which the order 
relates as 
(a) they were prohibited from importation in term.:; of section 47 
of the'Customs and Excise Act [Chapter 23:02J; or 
Cb) their exporration.was prohibited for the purpose of section 61 
of the Customs and Excise Act iChapter 23:02]; as Lhe case 
may be. 
(7), The'Director of-Customs and Excise shaH take· all necesso:.tfY 
steps to inform an importer or exporter or intended importer or c~:'l)orter of 
goods v/hose importation or exportation is prohibilt.:d by virtue of this.sec­
tion of the reasons for the prohibiti.:Jl1. 
(8) While any goods are dtmined pursuant to a request or an order 
under this section"""":' 
(a). the proprietor at whose instance the requcsx or order w;}'; made; 
and 
(b) the imponer of the goods; 
shall be ,given an adequate opporrunity to inspect the goods in order to Jeler­
mine whether or not ~hcyare counterfeit trade mark goods. 
(9) Ni)twithstunding anything in the Cu~toms ,md Excise Ad [C/UIP­
ter 23:02], a person shall nOl be lial)le to any penalty under that Act other 
thiLl] forfeiture of the goods, as a result of their importation or eXpOfL<.ixion 
being prohibited by virtue of this section.". 
1 a Amendment of section 97 of Cap. 2.6:04 
Section 97 of the principal Act j~ amel1ded-
(a) by the insertion after subsectioJ1 (4) of the follovdng subsecrions-
"(4a) An application in terms of this Act for the registration of a 
trade mark whidils aiready registered in Cl Convention country--
-(a) of which the applicant is a national; or 
(b) in which the applicant is domiciled or in which he has a 
real and effective industrial or commercial establishment: 
shall be accepted unless L~e trade mark concemed-
(i) is of sucha nature as to infringe rights lawfully 
acqnired by any person in Zimbabwe; or 
(ii) is not distinctive J.S refclTed to in scctiof! nvelre or 
capable of dis tingui sf Ling goods or services as referred 
to in sectiun, thirteen;: or IPINI1 IZWE/TIl 
Page 68 
(iii) consists exclusively of signs which-
A. serve, in trade, to designate the kind, quality, 
quantity, intended purpose, value, place of 
• origin or time of production of the goods or serv­
ices to which the trade mark relates; or 
B. .have become customary in the established prac­
tices of the trade in Zimbabwe; 
or 
(iv) is contrary to morality or public order; or 
(v) is likely to deceive. 
(4b) Subsection (4a) shall apply notwithstanding that the mark 
sought to be registered in Zimbabwe may differ from the trade mark 
already registered in a Convention country in respect of elements that do 
not alter its distinctiveness and do not affect its identity in the form in 
which it was registered there."; 
(b) in subsection (5) by the insertion after "proof of application" of "or registra­
tion". 
19 New section inserted in Cap. 26:04 
The principal Act is amended by the insertion after section 97 of the following 
section-
"97 A 8anjul protocol on Marks 
(1) In this section-
"Protocol" means the Banjul Protocol on Marks within the frame­
work of the African Regional Industrial Property Organisa­
tion (ARIPO), adopted between the 15th to the 19th Novem-
ber,1993. . 
(2) Words or expressions to which a.meaning has been assigned in 
the Protocol shall bear the same meaning when used in this section. 
(3) Subject to this section, the Protocol shall have the force of law 
within Zimbabwe. 
(4) Any trade mark which has been registered by the ARIPO Office 
in accordance with the Protocol and in respect of which Zimbabwe has been 
designated-. 
(a) 
(b) shall have the same effect, mutatis mutandis, as a trade mark 
registered under this Act; and 
shall be accorded the same protection, mutatis mutandis, as a 
trade mark registered in accordance with section ninety.-seven. 
(5) Subsection (4) shall apply to trade marks registered by the 
ARIPO Office before the date this Act comes into effect in accordance with 
the Protocol: 
Provided that the proprietor of any such mark shall not be entitled to 
damages or any other remedy for infringement of copyright in the mark which 
took place before that date. IPINIlIZWE/TIl 
Page 69 
(6) The Minister shall cause a statutory instrument to be published 
in the Gazette setting out the provisions-of the Protocol and any regulations 
made under the Protocol, and shall amend the statutory instrument when­
ever necessary to record any amendment of the Protocol or those regula­
tions.". 
20 New section inserted in Cap_ 26:04 
The principal Act is amended by the insertion after section 100 of the following 
section-
"100A Collective marks 
(1) In this section-
"collective mark" means a mark that is capable of distinguishing, in 
the course of trade, goods or services of persons who are mem­
bers of an association from goods or services of persons who 
are not members of the association. 
(2) On application by the association concerned, a collective mark 
shall be r'egistrabfe in such Part of the Register as the Controller may deter­
mine in terms of paragraph (e) of subsection (2) of section five. 
(3) Subject to subsection (2) and to any regulations made in terms 
of section one hundred and four, Part V shall apply, mutatis mutandis, to 
applications for the registration of collective marks, to their registration and 
to the duration and renewal of their registration: 
(4) Subject to this section, .this Act shall apply, mutatis mutandis, to 
registered collective marks in the same way' as it applies to registered trade 
marks.". 
21 Amendment of section 104 of Cap. 26:04 
Section 104 of the principal Act is amended in subsection (2)-
(a) by the insertion after paragraph ( e) of the following paragraph-
"(el) the provision of services by the Trade Marks Office, induding the 
provision of information regarding marks, and the fees and charges 
payable for such services;"; 
(b) by the insertion after paragraph (l) of the following paragraph-
"0} giving effect to any international treaty or agreement which relates 
to trade marks and to which Zimbabwe is a party.". 
22 Minor amendments to Cap. 26:04 
The provisions of the principal Act specified in the first column of the Schedule are 
amended to the extent set out opposite thereto in. the second column. IJ>~/l/~\AT~/lL/l 
Page 70 
SCHEDULE (Section 22) 
MINOR AMENDMENTS TO TRADE MARKS ACT [Chapter 26:04] 
Provision 
Section Sl(l)(b) 
Section 71 
Section 73 
Section 78 
Section 87 
Section 95 Extent of Amendment 
By the insertion after "subsection (1)" of "or (2a)", 
By the deletion of "High Court or Tribunal" 
(a) where it occurs for the first time and the substitu­
tion of "court or the lLribunal, as the case may be, 
which gave the decision"; 
(b) where it occurs for the second time and the 
substitution of "court or lLribunal, as the case 
may be,", 
By the deletion of-
(a) "action or" and the substitution of "legal"; 
(b) "Tribunal" and the substitution of "court, the 
Tribunal" , 
By the repeal of subsection (4), 
By the deletion of "is, upon representations made to him, 
satisfied that the use of the trade mark constitutes a 
forgery" and the substitution of "is satisfied that the 
goods are counterfeit trade mark goods as defined in 
subsection (1) of that section", 
By the deletion of "or the Tribunal", 