18
No. 12
Trade and Service Marks
1986
elapsed during which the registered proprietor did not use the trade
or service mark in relation to those goods or services, provided that failure
to use the trade or service mark shall not be taken into account where(a) it is attributable solely to special circumstances preventing use of the
trade or service mark and not to any intention to abandon or not
use the trade or service mark, or
(b) the non use is within five years from the date of first advertisement
of the trade or service mark in accordance with section 28 or within
the period from such date extended to two years from the date of
the final decision on the registration whichever period expires later.
(2) For the purpose of subsection (1)(a) the use of the whole of a registered trade or service mark shall be
deemed to be equivalent to the use of any registered trade or service
mark, being a part thereof registered in the name of the same
proprietor by virtue, of section 25(l),
(b) where a trade or service mark has been used in relation to some, but
not all of the goods or services in respect of which it is registered,
such use shall be deemed to be equivalent to the use of the trade
or service mark in relation to all closely related goods or services
in respect of which it is registered,
(c) where a trade or service mark is applied to goods or services to be
exported from Tanzania, such use shall be deemed to be equivalent
to the use of the trade or service mark in relation to those goods or
services in Tanzania; and
(d) the use of associated registered trade or service mark, or of the
trade or service mark with additions or alterations not substantially
affecting its identity may be accepted as an equivalent for the use of
the trade or service mark.
Rectification
36. Any person aggrieved by the non insertion in or omission from the
Register of any entry, or by any entry wrongly remaining on the Register,
or by any error or defect in any entry in the Register, may apply to the
court or at the option of the applicant and subject to the provisions of
section 55 of this Act, to the Registrar, and the court or the Registrar shall
make such order for making, expunging or varying the entry as shall be
deemed fit.
Fraud in the
Registration Renewal,
Assignment
Assignment
etc.
37. In case of fraud in the registration, renewal, assignment or
transmission of a registered trade or service mark, the Registrar shall
himself apply to the court for an order for making, expunging or varying
the entry in the Register as may be deemed fit.
Breach of
condition
Correction of
the register
38. The Registrar shall, make such order, as he shall deem fit for
expunging or varying registration of a trade or service mark on the ground
of any contravention of or failure to observe a condition entered on the
register in relation thereto.
39,(1) The Registrar shall, on request made in the prescribed manner
by the registered proprietor-