Trade Marks [CAP. 401 27 (b) a person has been permitted under subsection (2) of section seventeen to register an identical or nearly resembling trade mark in respect of those goods under a registration extend­ ing to use in relation to goods to be sold or otherwise traded in in that place (otherwise than for export from Zambia) or in relation to goods to be exported to that market or the High Court or the Registrar is of opinion that he might properly be permitted so to register such a trade mark; on application by that person to the High Court or, at the option of the applicant and subject to the provisions of section sixty-Jour, to the Registrar, the Tribunal or the Registrar may impose on the registra­ tion of the first-mentioned trade mark such limitations as the High Court or the Registrar thinks proper for securing that that registration shall cease to extend to such use as last aforesaid. (3) An applicant shall not be entitled to rely for the purposes of paragraph (b) of subsection (1), or for the purposes of subsection (2), on any non-use of a trade mark that is shown to have been due to spe­ cial circumstances in the trade and not to any intention not to use or to abandon the trade mark in relation to the goods to which the appli­ cation relates. (As amended by G.N. No. 186 of 1964 and Act No. 17 of 1980) 32. (l) Where a trade mark registered in Part A of the register has become so well known as respects any goods in respect of which it has been used that the use thereof in relation to other goods would be likely to be taken as indicating a connection in the course of trade between those goods and a person entitled to use the trade mark in relation to the first-mentioned goods, then, notwithstanding that the proprietor registered in respect of the first-mentioned goods does not use or propose to use that trade mark in relation to those other goods and notwithstanding anything in section thirty-one, the trade mark may, on the application in writing in the prescribed manner of the proprietor registered in respect of the first-mentioned goods, be reg­ istered in Part D of the register in his name in respect of those other goods as a defensive trade mark and, while so registered, shall not be liable to be taken off the register in respect of those goods under sec­ tion thirty-one. (2) The registered proprietor of a trade mark may apply for the registration thereof in respect of any goods as a defensive trade mark, notwithstanding that it is already registered in his name in respect of those goods otherwise than as a defensive trade mark, or may apply for the registration thereof in respect of any goods otherwise than as a defensive trade mark, notwithstanding that it is already registered in his name in respect of those goods as a defensive trade mark, in lieu in each case of tlie existing registration. Defensive registration of well-known trade marks