[Date of commencement: 1st January, 1975.] PART I PRELIMINARY 1 Short title 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; “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; “distinguishing guise”, 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) the liquidator or receiver of a company; or (b) the representative recognized by law of any person who has died, become insolvent or bankrupt or assigned his estate, is an infant or a minor. 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; or (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; “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 thirtythree; “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 such under section thirty-three; “Registrar” 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