24 CAP. 401]
;
Trade Marks
(6) Notwithstanding anything in subsections (I) to (3). a trade
mark shall not. on or after the commencement of this Act. be assign
able or transmissible in a case in which as a result of an assignment
or transmission thereof there would in the circumstances subsist,
whether under the common law or by registration, an exclusive right
in one of the persons concerned to the use of the trade mark limited
to use in relation to goods to be sold or otherwise traded in in a place
or places in Zambia and an exclusive right in another of those per
sons to the use of a trade mark nearly resembling the first-mentioned
trade mark or of an identical trade mark in relation to the same goods
or description of goods limited to use in relation to goods to be sold
or otherwise traded in in another place or other places in Zambia:
Provided that on application in the prescribed manner by the pro
prietor of a trade mark who proposes to assign it, or of a person who
claims that a trade mark has been transmitted to him or to a prede
cessor in title of his on or after the commencement of this Act, in any
such case, the Registrar, if he is satisfied that in all the circumstances
the use of the trade marks in exercise of the said rights would not be
contrary to the public interest, may approve the assignment or trans
mission, and an assignment or transmission so approved shall not be
deemed to be, or to have been, invalid under this subsection or under
subsection (4), so, however, that in the case of a registered trade
mark this provision shall not have effect unless application for the
registration under section thirty of the title of the person becoming
entitled is made within six months from the date on which the
approval is given or, in the case of a transmission, was made before
that date.
(7) Where an assignment in respect of any goods of a trade mark
that is at the time of the assignment used in a business in those goods
is made, on or after the commencement of this Act, otherwise than in
connection with the goodwill of that business, the assignment shall
not take effect until the following requirements have been satisfied,
that is to say, the assignee must, not later than the expiration of six
months from the date on which the assignment is made or within
such extended period, if any, as the Registrar may allow, apply to
him for directions with respect to the advertisement of the assign
ment and must advertise it in such form and manner and within such
period as the Registrar may direct.
(8) An appeal shall lie from any decision of the Registrar under
this section.
(As amended hy C.N. No. 186
Certain mule
marks 10 Ile
assm:ia leO so
as 10 he
asxiunable and
Irall~lllIs,jhlc
;" a whole
only
of 1(64)
28. t i ) Trade marks that are registered as, or that are deemed by
virtue of this Act to be, associated trade marks shall be assignable
and transmissible only as a whole and not separately, but they shall
for all other purposes be deemed to have been registered as separate
trade marks.
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