MERCHANDISE MARKS ACT: SUBSIDIARY LEGISLATION (CHAPTER 405 )

(a) the goods specified in the First Schedule to which there is applied an offending mark, namely, a mark containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zambia or the name of any town, place or district in Zambia;

(b) –

(i) the goods specified in Part I of the Second Schedule to which there is applied an offending mark, namely, a mark containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zambia or the name of any town, place or district in Zambia;

(ii) the goods specified in Part II of the Second Schedule to which there is applied an offending mark, namely, a mark containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zambia or the name of any town, place or district in Zambia;

(iii) the goods specified in Part III of the Second Schedule to which there is applied an offending mark, namely, a mark containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zambia or the name of any town, place or district in Zambia;

(c) the goods specified in Part I of the Third Schedule to which there is applied an offending mark being a trade mark or trade description which contains a direct or indirect reference to any town, place or district specified in Part II of that Schedule;

(d) the goods specified in Part I of the Fourth Schedule to which there is applied an offending mark being a trade mark or trade description specified in Part II of that Schedule which contains a direct or indirect reference to any town, place or district specified in Part III of that Schedule;

{mprestriction ids="2,3,5"}

(e) the goods specified in Part I of the Fifth Schedule to which there is applied an offending mark being a trade mark or trade description specified in Part II of that Schedule which contains a direct or indirect reference (other than the name of a country applied to those goods so as to indicate that they were manufactured, produced, assembled or mixed in that country) to the country specified in Part III of that Schedule.

{mprestriction ids="2,3,5"}

FIRST SCHEDULE

[Paragraph 2(a)]

Denatured ethyl alcohol for aircraft use, or partly derived from crude petroleum oils.

Products wholly or partly derived from crude petroleum oils.

Corrosion preventatives wholly or partly derived from crude petroleum oils.

Substances for the prevention or destruction of weeds or pests including sheep and cattle dips and dipping powders and materials suitable only for dip; substances for the prevention or cure of disease in plants or trees.

Substances for the prevention of wood rot and substances for the preservation of wood.

Bitumen emulsions wholly or partly derived from crude petroleum oils.

SECOND SCHEDULE

[Paragraph 2(b)]

PART I

Any substance included in the list of poisons published in terms of the Pharmacy and Poisons Act.

PART II

Any substance sold by a pharmacist, medical practitioner or veterinary surgeon for medicinal purposes.

PART III

Contact lenses and spectacles for sight correction, including frames and lenses for such spectacles.

THIRD SCHEDULE

[Paragraph 2(c)]

PART I

Brake lining rivets.

Internal combustion engines, their parts, equipment and accessories, not being designed specially for aircraft.

Fractional horse-power motors.

Motor vehicles, parts, spare parts and accessories therefor (but excluding tyres and tubes). Tools, mechanic's and artisans', and workshop appliances.

PART II

Anglia

Fargo

Pontiac

Austin

Harrison

Racine

Bedford

Hereford

Rochester

Belvedere

Hudson

Saginaw

Bradford

Humber

Saratoga

Burlington

Isis

Savoy

Cadillac

Kingsway

Texas

Cambridge

Lincoln

Thames

Chicago

Luton

Toledo

Churchill

McKinnon

Toranon

Cleveland

Monterey

Vauxhall

Cowley

Montlhery

Versailles

Dagenham

New Yorker

Westminister

Detroit

Oxford

Windsor

Dodge

Plymouth

Wolseley

FOURTH SCHEDULE

[Paragraph 2(d)]

PART I

Toilet soap in tablet form, shaving soap and shampoos.

Toilet preparations n.e.e., including liquid perfumery, powders, washes, pomatums, cosmetics, pastes, dyes and hair oils, but not including tooth powders, tooth pastes and tooth washes.

Perfumes containing more than 2 per centum of alcohol by volume at a temperature of 51 degrees Fahrenheit.

Tooth powders, tooth pastes and tooth washes.

Finger nails, slip (artificial nails).

PART II

Helena Rubenstein

Steiner

Elizabeth Arden

Shulton

Max Factor

Gemey

Charles of the Ritz

Yardley

Revlon

Lentheric

Dorothy Gray

Harriet Hubbard Ayer

Richard Hudnut

Three Flowers

Northern Wassen

Innoxa

Avon

Vitapointe

PART III

Cape Town

Montreal

Hamburg

New York

Hollywood

Paris

Leiden

Toronto

London

Sydney

[Am by SI 47 of 1965.]

FIFTH SCHEDULE

[Paragraph 2(e)]

PART I

Watches

PART II

Bernex

PART III

Switzerland

MERCHANDISE MARKS (SECTION 8 SUSPENSION) NOTICE

[Section 8]

Arrangement of Paragraphs

Paragraph

1. Title

2. Suspension

SCHEDULE

[Notice by the Minister Federal]

GN 200 of 1962.

1. Title

This Notice may be cited as the Merchandise Marks (Section 8 Suspension) Notice.

2. Suspension

The operation of sub-section (1) of section 8 of the Act is suspended in relation to the classes of goods specified in Part I of the Schedule to which there is applied a trade mark or trade description containing a direct or indirect reference to any place specified in Part II of the Schedule.

SCHEDULE

[Paragraph 2]

PART I

1. “Innoxa” toilet preparations, including liquid perfumery, powders, washes, pomatums, cosmetics, pastes, dyes and hair oils, but not including tooth powders, tooth pastes and tooth washes.

2. “Innoxa” perfumes containing more than 2 per centum of alcohol by volume at a temperature of 51 degrees Fahrenheit.

PART II

London

Paris

Sydney

{/mprestriction}

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