22 Trade Marks CAP. 401] Provided that the foregoing provisions of this subsection shall not have effect where the Registrar, or the High Court in the event of an appeal from a decision of the Registrar, is satisfied either­ (i) that there has been no bonafide trade use of the trade mark that has been removed during the three years immediately preceding its removal; or (ii) that no deception or confusion would be likely to arise from the use of the trade mark that is the subject of the applica­ tion for registration by reason of any previous use of the trade mark that has been removed. (As amended by Act No. 17 of 1980) Registration of parts of trade marks and of trade marks as a series 26. (1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and any such part as separate trade marks. Each separate trade mark must satisfy all the conditions of an independent trade mark and shall, subject to the provisions of subsection (3) of section twenty-eight and subsection (2) of section thirty-five, have all the incidents of an independent trade mark. (2) Where a person claiming to be the proprietor of several trade marks, in respect of the same goods or description of goods, which, while resembling each other in the material particulars thereof, yet differ in respect of­ (a) statements of the goods in relation to which they are respectively used or proposed to be used; or (b) statements of number, price, quality or names of places; or (c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) colour; seeks to register those trade marks, they may be registered as a series in one registration. PART VI ASSIGNMENT AND TRANSMISSION Powers of, and restric­ tions on, assignment and transmis­ sion 27. (I) Notwithstanding any rule or law to the contrary, a regis­ tered trade mark shall be, and shall be deemed always to have been, assignable and transmissible either in connection with the goodwill of a business or not. (2) A registered trade mark shall be, and shall be deemed always to have been, assignable and transmissible in respect either of all the goods in respect of which it is registered, or was registered, as the case may be, or of some (but not all) of those goods.