Trade Marks [CAP. 401 23 (3) The provisions of subsections (1) and (2) shall have effect in the case of an unregistered trade mark used in relation to any goods as they have effect in the case of a registered. trade mark registered in respect of any goods, if at the time of the assignment or transmis­ sion of the unregistered trade mark it is or was used in the same busi­ ness as a registered trade mark and if it is or was assigned or trans­ mitted at the same time and to the same person as that registered trade mark and in respect of goods all of which are goods in relation to which the unregistered trade mark is or was used in that business and in respect of which that registered trade mark is or was assigned or transmitted. (4) Notwithstanding anything in subsections (1) to (3), a trade mark shall not be, or. be deemed to have been, assignable or trans­ missible in a case in which as a result of an assignment or transmis­ sion there would in the circumstances subsist, or have subsisted, whether under the common law or by registration, exclusive rights in more than one of the persons concerned to the use, in relation to the same goods or description of goods, of trade marks nearly resem­ bling each other or of identical trade marks, if, having regard to the similarity of the goods and of the trade marks, the use of the trade marks in exercise of those rights would be, or have been, likely to deceive or cause confusion: Provided that, where a trade mark is, or has been, assigned or transmitted in such a case as aforesaid, the assignment or transmis­ sion shall not be deemed to be, or to have been, invalid under this subsection if the exclusive rights subsisting as a result thereof in the persons concerned respectively are, or were, having regard to limita­ tions imposed thereon, such as not to be exercisable by two or more of those persons in relation to goods to be sold or otherwise traded in within Zambia (otherwise than for export therefrom) or in relation to goods to be exported to the same market outside Zambia. (5) The proprietor of a registered trade mark who proposes to assign it in respect of any goods in respect of which it is registered may submit to the Registrar in the prescribed manner a statement of case setting out the circumstances, and the Registrar may issue to him a certificate stating whether, having regard to the similarity of the goods and of the trade marks referred to in the case, the proposed assignment of the first-mentioned trade mark would or would not be invalid under subsection (4), and a certificate so issued shall, subject to the provisions of this section as to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under subsection (4) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if 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 certificate is issued.