Register as associated trade marks.
(3) Where a trade mark and any part or parts thereof are, by virtue of subsection (1) of
section twenty-five, registered as separate trade marks in the name of the same
proprietor, they shall be deemed to be, and shall be registered as, associated trade
marks.
(4) All trade marks that are, by virtue of section twenty-six, registered as a series in
one registration shall be deemed to be, and shall be registered as, associated trade
marks.
(5) On application made in the prescribed manner by the registered proprietor of two
or more trade marks registered as associated trade marks, the Registrar may dissolve
the association as respects any of them if he is satisfied that there would be no
likelihood of deception or confusion being caused if that trade mark were used by
another person in relation to any of the goods or services in respect of which it is
registered and may amend the Register accordingly.
(6) An appeal shall lie from any decision of the Registrar under this section.
PART VII
USE AND NON-USE
31
Removal from Register and imposition of limitation
(1) Subject to section thirty-two, a registered trade mark may be removed from the
Register in respect of any of the goods or services in respect of which it is registered
on application by any person aggrieved to the Tribunal or, at the option of the
applicant and subject to section seventy-seven, to the Registrar on the ground that—
(a)
the trade mark was registered without any bona fide intention on the
part of the applicant for registration that it should be used in relation to those goods or
services by him and that there has in fact been no bona fide use of the trade mark in
relation to those goods or services by any proprietor thereof for the time being up to
the date one month before the date of the application; or
(b)
up to the date one month before the date of the application a
continuous period of five years or longer elapsed during which—
(i)
the trade mark was a registered trade mark; and
there was no bona fide use thereof in relation to those goods or
(ii)
services by any proprietor thereof for the time being:
Provided that, except where the applicant has been permitted under subsection (2) of
section fifteen to register an identical or nearly resembling trade mark in respect of
the goods or services in question or where the Tribunal or the Registrar, as the case
may be, is of the opinion that he might properly be permitted so to register such a
trade mark, the Tribunal or the Registrar may refuse an application made under
paragraph (a) or (b) in relation to any goods or services, if it is shown that there has
been, before the relevant date or during the relevant period, as the case may be, bona
fide use of the trade mark by any proprietor thereof for the time being in relation to
goods or services of the same description, being goods or services in respect of which
the trade mark is registered.
(2) Where, in relation to any goods or services in respect of which a trade mark is
registered—
(a)
the matters referred to in paragraph (b) of subsection (1) are shown so
far as regards non-use of the trade mark in relation to—
(i)
goods to be sold or otherwise traded in in a particular place in
Zimbabwe, otherwise than for export from Zimbabwe; or
(ii)
goods to be exported to a particular market outside Zimbabwe; or
(iii) services to be performed in Zimbabwe;
and
(b)
a person has been permitted under subsection (2) of section fifteen to
register an identical or nearly resembling trade mark in respect of those goods or
services under a registration extending to use in relation to—
(i)
goods to be sold or otherwise traded in in that place, otherwise than