for export from Zimbabwe; or
(ii)
goods to be exported to that market; or
(iii)
services to be performed in that place;
or the Tribunal or the Registrar is of the opinion that he might properly
be permitted so to register such a trade mark;
on application by that person to the Tribunal or, at the option of the applicant and
subject to section seventy-seven, to the Registrar, the Tribunal or the Registrar may
impose on the registration of the first-mentioned trade mark such limitations as the
Tribunal or the Registrar thinks right for securing that that registration shall cease to
extend to such use as last aforesaid.
(3) An applicant shall not be entitled to rely, for the purposes of paragraph (b) of
subsection (1) or for the purposes of subsection (2), on any non-use of a trade mark
that is shown to have been due to special circumstances in the trade and not to any
intention not to use or to abandon the trade mark in relation to the goods or services
to which the application relates.
32
Defensive registration of well known trade marks
(1) Where a trade mark registered in Part A of the Register has become so well
known as respects any goods or services in respect of which it has been used that the
use thereof in relation to other goods or services would be likely to be taken as
indicating a connection in the course of trade between those goods or services and a
person entitled to use the trade mark in relation to the first-mentioned goods or
services, then, notwithstanding that the proprietor registered in respect of the firstmentioned goods or services does not use or propose to use that trade mark in relation
to those other goods or services and notwithstanding anything in section thirty-one,
the trade mark may, on the application in writing in the prescribed manner of the
proprietor registered in respect of the first-mentioned goods or services, be registered
in Part D of the Register in his name in respect of those other goods or services as a
defensive trade mark and, while so registered, shall not be liable to be taken off the
Register in respect of those goods or services under section thirty-one.
(2) The registered proprietor of a trade mark may—
(a)
in terms of subsection (1) apply for the registration thereof in respect
of any goods or services as a defensive trade mark. notwithstanding that it is already
registered in his name in respect of those goods or services otherwise than as a
defensive trade mark; or
(b)
apply for the registration thereof in respect of any goods or services
otherwise than as a defensive trade mark. notwithstanding that it is already registered
in his name in respect of those goods or services as a defensive trade mark;
in lieu in each case of the existing registration.
(3) A trade mark registered as a defensive trade mark and that trade mark as
otherwise registered in the name of the same proprietor shall, notwithstanding that the
respective registrations are in respect of different goods or services, be deemed to be,
and shall be registered as, associated trade marks.
(4) 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, the registration of a
trade mark as a defensive trade mark may be cancelled—
on the ground that the requirements of subsection (1) are no longer
(a)
satisfied in respect of any goods or services in respect of which the trade mark is
registered in the name of the same proprietor otherwise than as a defensive trade
mark; or
(b)
as respects any goods or services in respect of which it is registered as
a defensive trade mark on the ground that there is no longer any likelihood that the
use of the trade mark in relation to those goods or services would be taken as giving
the indication mentioned in subsection (1).
(5) The Registrar may at any time cancel in the prescribed manner the registration of
a defensive trade mark if the registration of a trade mark in Part A of the Register