within the time specified in the notice.
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Duration and renewal of registration
(1) Subject to subsection (6), the registration of a trade mark shall be for a period of
ten years but may be renewed from time to time in accordance with the provisions of
this section.
(2) Subject to this section, the registered proprietor of a trade mark may, in the
prescribed manner and within the prescribed period, renew the registration of the
trade mark for a period of ten years from the expiration of the last registration.
(3) At the prescribed time before the expiration of the last registration of a trade mark,
the Registrar shall send notice in the prescribed manner to the registered proprietor of
the date of expiration and the conditions as to payment of fees and otherwise upon
which a renewal of registration may be obtained and if, at the expiration of the time
prescribed in that behalf, those conditions have not been duly complied with, the
Registrar may remove the trade mark from the Register, subject to such conditions, if
any, as to its restoration to the Register as may be prescribed.
(4) Where a trade mark has been removed from the Register for non-payment of the
fee for renewal, it shall nevertheless, for the purpose of any application for the
registration of a trade mark during one year next after the date of the removal, be
deemed to be a trade mark that is on the Register:
Provided that this subsection shall not have effect where the Registrar is satisfied
that—
(a)
there has been no bona fide trade use in Zimbabwe of the trade mark
that has been removed during the three years immediately preceding its removal; or
(b)
no deception or confusion would be likely to arise from the use of the
trade mark that is the subject of the application for registration by reason of any
previous use of the trade mark that has been removed from the Register.
(5) Where—
(a)
a trade mark has been removed from the Register for non-payment of
the fee for renewal; and
(b)
the proprietor of the trade mark—
(i)
applies in the prescribed manner within three years of such removal
for the trade mark to be restored to the Register; and
(ii)
furnishes with his application a declaration in the prescribed form that
the trade mark has bona fide been used in trade in Zimbabwe during the period from
the date of removal or reasons satisfactory to the Registrar as to why there has been
no such bona fide trade use;
the Registrar may, subject to any conditions referred to in subsection (3), restore that
trade mark to the Register with effect from the date on which it was removed, and
thereupon that trade mark shall be regarded for all purposes as though it had not been
removed from the Register.
(6) Where—
(a)
a trade mark was registered before the appointed day in a register of
trade marks kept under the repealed legislation the period of such registration shall be
seven years from the date of such registration;
(b)
the registration of a trade mark has been renewed under the repealed
legislation the period of such renewal shall be fourteen years from the expiration of
the last registration under the repealed legislation.
(7) An appeal shall lie from any decision of the Registrar under this section.
(8) In this section—
“expiration of the last registration”, in relation to a trade mark, means the expiration
in terms of this Act or the repealed legislation, as the case may be, of the original
registration of the trade mark or of the last renewal of registration, as the case may be.
25
Registration of parts of trade marks
(1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of
any part thereof separately, he may apply to register the whole and any such part as