IP INll/SWZ/T/1
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in relation to goods which have been sold or offered for sale in Swaziland under
the trade mark by the proprietor or any associated company of the proprietor,
whereever incorporated, OT with the proprietor's consent, unless the condition
of the goods is modified or impaired after they have been sold OT offered for
sale.
(4) For the purpose of this section, reference to the use of a sigu by a person not being
the proprietor thereof or a registered user using by way of the permitted use shall be construed
as including reference to the audible use of a signa
Right to continue use
a
33.
Nothing in this Act shall entitle the proprietor or a registered user of a registered trade
mark to interfere with or restrain the use by any person of a trade mark identical with or
. nearly resembling it, in relation to goods or services, in relation to which that person or his
predecessor in title has continuously used that trade mark from a date anterior
of
(a) to the use the first-mentioned trade mark in relation to 'those goods or services
by the proprietor or his predecessor in title; or
(b) to the registration of the first-mentioned trade mark in respect of those goods
or services in the name of the proprietor or his predecessor in title, whichever is
the earlier, or to object (on such use bei~g proved) to that person being put on
the Register for that identical or nearly resembling trade mark in respect of the
same or closely related goods or services.
Bona Fide Use of Name or Description and Removal on grounds of non-use.
34~
(.1) No registration of a trade mark shall interfere with -
(a) the bona fide use by any person of his own name or of the name of the geogra
phical location of his business, or of the name of any of his predecessors in
business; or
(b) the use by any person of any bona fide description of the character or quality of
his goods or services, not being a description that would be likely to be taken as
importing any such reference as is mentioned in section 32(1)(a)(ii).
(2) 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 aggrieved person to
the Registrar on the ground that up to one month prior to the filing of the application a
continuous period of three years or longer has elapsed during which the registered proprietor
nas not used the trade mark in relation to those goods or services:
Provided that failure to use the tr i Ie mark shall not betaken into account where
(a) it is attributable solely to special circumstances preventing use of the trade
mark and not to any intention to abandon or not to use the trade mark; or
(b) the non-use is within five years from the date of the registration determined in
accordance with section 28(1).
(3) For the purposes 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);