consists of a geographical indication with respect to goods not originating in the territory 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.”.
Amendment of Section 15 of Cap. 26:04
8. 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 it were registered, be the subject of an order under section nine E prohibiting its use
on the ground that it is a reproduction, imitation or translation of a familiar foreign mark as defined in
that section.”:
New Section Inserted in Cap. 26:04
9. The principal Act is amended by the insertion after section 15 of the following section—
“Prohibition of Registration of State Emblems, etc.
15A. A mark cannot be validly registered if it is identical with, or is an imitation of or contains as
an element, an armorial bearing, flag and other emblem, a name or abbreviation. or initials of the name of,
or official sign or hallmark adopted by any State, intergovernmental organisation or organisation created
by an international convention, unless authorised by the competent authority of that State or organisation.”.
Amendment of Section 24 of Cap. 26:04
10. The principal act is amended by the insertion after subsection (3) of the following proviso—
“Provided that a period of grace of six months shall be allowed for the late payment of the renewal
fee.”.
Amendment of Section 31 of Cap. 26:04
11. Section 31 of the principal Act is amended in subsection (3) by the insertion after “special
circumstances in the trade” of “or to other circumstances, such as Government action, that arise
independently of the will of the proprietor of the trade mark,”.
New Sections Substituted for Sections 64 to 69 of Cap. 26:04
12. Sections 64 to 69 of the principal Act are repealed and the following sections are
substituted—
“Appeals from Registrar
64. Where this Act provides for an appeal against a decision of the Registrar, the appeal shall be
made to the Tribunal in accordance with this Part and the Intellectual Property Tribunal Act [Chapter
26:06].
Time for Appeals
65. An appeal referred to in section sixty four shall be lodged with the Tribunal within two
months after the appellant was notified of the decision or order against which the appeal is brought or
within such further time as the Tribunal may for good cause allow.
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