10 CAP. 401]
Trade Marks
Protectorate of Northern Rhodesia on the 24th October, 1964, shall
continue of force and effect in Zambia for the unexpired portion of
the period for which at that date it was of force and effect.
(5) Subject to the provisions of this Act, the register of trade
marks shall, at all convenient times, be open to inspection by the
public, and certified copies. sealed with the seal of the Patent Office,
of any entry in the register shall be given to any person requiring
them on payment of the prescribed fee.
(6) No notice of any trust, whether expressed, implied or con
structive, shall be entered in the register, and the Registrar shall not
be affected by any such notice.
(As amended by S.J. No. 175 of 1965)
PART III
EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT
No action for
infringement
of unregis
tered trade
mark
7. No person shall be entitled to institute any proceedings to pre
vent or to recover damages for the infringement of an unregistered
trade mark, but nothing in this Act shall be deemed to affect rights of
action against any person for passing off goods as the goods of
another person or the remedies in respect thereof.
..
Registration to
be in respect
of particular
goods
8. A trade mark must be registered in respect of particular goods
or classes of goods, and any question arising as to the class within
which any goods fall shall be determined by the Registrar whose
decision shall be final.
Right given by
registration in
Part A and
infringement
thereof
9. (I) Subject to the provisions of this section and of sections
twelve and thirteen, the registration of a person in Part A of the reg
ister as proprietor of a trade mark in respect of any goods shall, if
valid, give or be deemed to have given to that person the exclusive
right to the use of the trade mark in relation to those goods and, with
out prejudice to the generality of the foregoing words, that right shall
be deemed to be infringed by any person who, not being the propri
etor of the trade mark or a registered user thereof using by way of the
permitted use, uses a mark identical with it or so nearly resembling
it as to be likely to deceive or cause confusion in the course of trade
in relation to any goods in respect of which it is registered and in
such manner as to render the use of the mark likely to be taken
either
(a)
as being used as a trade mark; or
(h)
in a case in which the use is use upon the goods or in phys
ical relation thereto or in an advertising circular or other
advertisement issued to the public, as referring