separate trade marks. shall—
(2) Each separate trade mark referred to in subsection (1) shall—
(a)
satisfy all the conditions of an independent trade mark; and
(b)
subject to the provisions of subsection (3) of section thirty and of
subsection (2) of section thirty-five, have all the incidents of an independent trade
mark.
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Registration of trade marks as a series
Where a person claiming to be the proprietor of several trade marks in respect of the
same goods or services or description of goods or services which, while resembling
each other in the material particulars thereof, yet differ in respect of—
(a)
statements of the goods or services in relation to which they are
respectively used or proposed to be used; or
(b)
statements of number, price, quality or names of places; or
(c)
other matter of a non-distinctive character which does not
substantially affect the identity of the trade mark; or
(d)
colour; seeks to register those trade marks, they may be registered as a
series in one registration.
PART VI
ASSIGNMENT AND TRANSMISSION
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Powers of, and restriction on, assignment and transmission
(1) Notwithstanding any law to the contrary, a registered trade mark shall be, and
shall be deemed always to have been, assignable and transmissible, either in
connection with or without the goodwill of the business concerned in the goods or
services in respect of which the trade mark is registered.
(2) A registered trade mark shall be, and shall be deemed always to have been,
assignable and transmissible in respect either of all the goods or services in respect of
which it is registered or was registered, as the case may be, or of some, but not all, of
those goods or services.
(3) Subsections (1) and (2) shall have effect in the case of an unregistered trade mark
used in relation to any goods or services as they have effect in the case of a registered
trade mark registered in respect of any goods or services, if—
(a)
at the time of the assignment or transmission of the unregistered trade
mark, it is or was used in the same business as a registered trade mark; and
(b)
it is or was assigned or transmitted at the same time to the same
person as that registered trade mark and in respect of goods or services, all of which
are goods or services in relation to which the unregistered trade mark is or was used
in that business and in respect of which that registered trade mark is or was assigned
or transmitted.
(4) Notwithstanding anything in subsections (1) to (3), a trade mark shall not be, or be
deemed to have been, assignable or transmissible in a case in which, as a result of an
assignment or transmission, there would in the circumstances subsist, or have
subsisted, whether under the common law or by registration, exclusive rights in more
than one of the persons concerned to the use, in relation to the same goods or services
or description of goods or services, of trade marks nearly resembling each other or of
identical trade marks if, having regard to the similarity of the goods or services and of
the trade marks, the use of the trade marks in exercise of those rights would be, or
have been, likely to deceive or cause confusion:
Provided that where a trade mark is, or has been, assigned or transmitted in such a
case as aforesaid, the assignment or transmission shall not be deemed to be, or to
have been, invalid under this subsection if the exclusive rights subsisting as a result
thereof in the persons concerned respectively are, or were, having regard to
limitations imposed thereon, such as not to be exercisable by two or more of those
persons in relation to—
(a)
goods to be sold or otherwise traded in within Zimbabwe, otherwise
than for export therefrom; or