(2) Section thirty-one shall have effect, in relation to a trade mark registered by virtue
of subsection (1), as if for the reference, in paragraph (a) of subsection (1) of that
section, to intention on the part of an applicant for registration that the trade mark
should be used by him there were substituted a reference to intention on his part that
it should be used by the body corporate or registered user concerned.
(3) Where a trade mark is registered in respect of any goods or services by virtue of
subsection (1) in the name of an applicant who relies on intention to assign to a body
corporate as mentioned in that subsection, then, unless within such period as may be
prescribed or within such further period not exceeding six months as the Registrar
may on application being made to him in the prescribed manner allow, the body
corporate has been registered as the proprietor of the trade mark in respect of those
goods or services, the registration shall cease to have effect in respect thereof at the
expiration of that period, and the Registrar shall amend the Register accordingly.
(4) An appeal shall lie from any decision of the Registrar under this section.
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Use of one of associated or substantially identical trade marks equivalent to
use of another
(1) Where, under this Act, use of a registered trade mark is required to be proved for
any purpose, the Registrar may, if and so far as the Registrar thinks fit, accept—
(a)
use of an associated registered trade mark; or
(b)
use of the trade mark with additions or alterations not substantially
affecting its identity;
as an equivalent for the use required to be proved.
(2) The use of the whole of a registered trade mark shall, for the purposes of this Act,
be deemed to be also a use of any registered trade mark, being a part thereof,
registered in the name of the same proprietor by virtue of section twenty-five.
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Use of trade mark for export trade
The application in Zimbabwe of a trade mark to goods to be exported from Zimbabwe
and any other act done in Zimbabwe in relation to goods to be exported from
Zimbabwe or services to be performed outside Zimbabwe which, if done in relation to
goods to be sold or otherwise traded in in Zimbabwe or services to be performed in
Zimbabwe would constitute use of a trade mark therein, shall be deemed to constitute
use of the trade mark in relation to those goods or services for any purpose for which
such use is material under this Act or any other law.
PART VIII
RECTIFICATION AND CORRECTION OF REGISTER
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General power to rectify entries in Register
(1) Any person aggrieved by—
(a)
the non-insertion in or omission from the Register of any entry; or
(b)
any entry made in the Register without sufficient cause; or
(c)
any entry wrongly remaining on the Register; or
(d)
any error or defect in any entry in the Register; may apply in the
prescribed manner to the Tribunal or, at the option of the applicant and subject to
section seventy-seven, to the Registrar, and the Tribunal or the Registrar may make
such order for making, expunging or varying the entry as the Tribunal or the Registrar
may think fit.
(2) In any proceedings under this section, the Tribunal or the Registrar may decide
any question that it may be necessary or expedient to decide in connection with the
rectification of the Register.
(3) Where the Registrar is of the opinion that there may have been any fraud in the
registration, assignment or transmission of a registered trade mark, he may himself
apply to the Tribunal under this section.
(4) Any order of the Tribunal rectifying the Register shall direct that notice of the
rectification shall be served in the prescribed manner on the Registrar, and the
Registrar shall, on receipt of the notice, rectify the Register accordingly.
(5) The power to rectify the Register conferred by this section shall include power to