IPlNll/SWZ/T/l
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(a) submits a statement confirming those goods Of services covered by the registra
tion in respect of which there has been bona fide use of the trade mark in
Swaziland at any time during the three years immediately preceding the expira
tion of the last registration, together with a reproduction of the trade mark
which has been used as aforesaid; or
(.b) established, to the satisfaction of the Registrar, that special circumstances
prevented use of the trade mark in respect of any of the goods or services cove
red by the registration during the said period and confirms that there has been
no intention to abandon the trade mark in respect of those gcods or services;
(3) For the purpose of subsection (2)
(a) the use of the whole of a registered trade mark shall "be deemed to be equivalent
to the use of any registered trade mark being a part thereof, registered in the
name of the same proprietor by virtue of section 25(1);
(b) where a trade mark has been used in relation to some, but not all, of the goods
or services in respect of which it is registered, such uSC shall be deemed to be
equivalent to the use of the trade mark in relation to all closely related goods or
services in respect of which it is registered;
(c) where a trade mark is applied to goods or services to be exported from Swazi
land, such use shall be deemed to be equivalent to the use of the trade mark in
relation to those goods or services in Swaziland;
(d) the use of an associated registered trade mark, or of the trade mark with addi
tions or alterations not substantially affecting its identity, may be accepted as
an equivalent for the use of the trade mark.
(4) The renewal referred to in subsection (2) shall be effected in respect of all goods or
services covered by subsection (2)(a) and (b) and subsection (3)(b).
PART VII
EFFEcr OF
REGISTR.~TION, INFRINGEMENT
& UNLAWFUL xcrs
Unregistered Trade Mark.
30. No person. shall be entitled to institute any proceedings to prevent, or to reco-ver dama
ges for, the infringement of an unregistered trade mark, but nothing in this Act shall be
eerned to affect rights of action against any person for passing off goods or services as the
the goods or services of another person, or the remedies in respect thereof.
Exclusive
R.i~ht.
31. Subject to this Act and any limitations or conditions entered in the Register} the regi
stration of a trade mark shall, if valid, give or be deemed to have given the registered pro
prietor thereof the exclusive fight to the use of the trade mark in relation to the goods or
services in respect of which it is registered, including sale} importation and offer for sale or
importation.
Infringement,
32. (1) The exclusive right referred to in section 3] shall be deemed to be infringed by any
person who, not being the proprietor of the trade mark or a registered USer thereof using by
way of the permitted lise, uses a sign either