Merchandise Marks Act
- Commenced on 1 January 1975
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Merchandise Marks Act [Chapter 14:13].
Part II – Marking of goods and prohibitions in relation to trade descriptions
3. Prohibition of application of false trade description
4. Prohibition of sale of goods bearing false trade description
5. Prohibition of sale of imported goods unless accompanied by indication of origin
6. Prohibition of sale of certain local goods unless accompanied by indication of origin
7. Prohibition of import of certain goodsNo person shall import into Zimbabwe any goods which it would be an offence in terms of section five to sell or distribute.
8. Manner of application of mark
9. Marking of goods on import
10. Prohibition of removal of indication of origin from goods
11. Minister may require indication of origin and compliance with specified standards in the case of certain classes of goodsThe Minister may, after such investigation as he thinks fit, by statutory instrument, prohibit the importation for sale or the sale of goods of any class or description unless all or any of the following requirements, as specified in such notice, have been complied with—
12. Minister may require indication of origin of certain goodsIf the Minister, after such investigation as he thinks fit, is satisfied, in the case of goods of any class or description which are manufactured or produced in one country, that—
13. Minister may prohibit use of certain marksThe Minister may, after such investigation as he thinks fit, by statutory instrument, prohibit, either absolutely or conditionally, the application to goods of any mark, word, letter or figure or of any arrangement or combination thereof.
14. Submission of representations by interested personsBefore the Minister issues any notice under section eleven, twelve or thirteen, he shall, by notice in the Gazette, invite representations on the matter within a period stated and take into consideration all representations so submitted.
Part III – General
15. Application of trade description
16. Implied warranty on sale of marked goodsAny person who sells any goods to which a trade description has been applied shall be deemed to warrant that the trade description is not a false trade description unless the contrary is expressed in writing signed by the seller or on his behalf and delivered at the time of the sale to, and accepted by, the purchaser.
17. Sale of goods in bottles marked with owner’s nameNo person shall sell, in any bottle to which or to the stopper of which has been indelibly applied words indicating that the bottle is the property of a named person, goods resembling or so nearly resembling goods manufactured or produced for sale in any such bottle by such named person as to be likely to deceive.
18. Appointment of inspectors
19. Powers of police officers and inspectors
20. Aiding and abetting offence under this ActNo person shall within Zimbabwe procure, counsel, aid, abet or be accessory to the commission outside Zimbabwe of any act which, if committed within Zimbabwe, would be an offence under this Act.
21. Limitation of period of prosecutionNo prosecution for an offence under this Act shall be commenced after the expiration of a period of—
23. General offence and penaltyAny person who contravenes any provision of this Act with which it is his duty to comply shall be guilty of an offence and, if no other penalty is provided therefor, shall be liable to a fine not exceeding level eight or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.[section substituted by section 4 of Act 22 of 2001]
24. Forfeiture of goods
History of this document
01 January 1975