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 Power of Minister to institute actions outside Zimbabwe 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 performed 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 trade mark or description is used or applied were performed from Zimbabwe, as the case may be. 99 Change of form of trade 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 form 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 form 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 behalf of both or all of them; or (b) in relation to an article with which both or all 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. 102 Provisions as to fees (1) Where, 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) All fees shall be paid at the Trade Marks Office in such manner as the Controller, with the approval of the Minister, may accept.

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