26 CAP. 401] Trade Marks dance with the provisions of subsection (I) shall not be admitted in evidence in any court in proof of the title to a trade mark unless the court otherwise directs. PART VII USE AND NON-USE Removal from register and imposition of limitation 31. (l) Subject to the provisions of section thirty-two, a regis­ tered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application by any per­ son aggrieved to the High Court or, at the option of the applicant and subject to the provisions of section sixty-four, to the Registrar, on the ground either­ (a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to the date one month before the date of the application; or (b) that up to the date one month before the date of the appli­ cation a continuous period of five years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use thereof in ­ relation to those goods by any proprietor thereof for the time being: Provided that (except where the applicant has been permitted under subsection (2) of section seventeen to register an identical or nearly resembling trade mark in respect of the goods in question or where the High Court or the Registrar, as the case may be, is of opin­ ion that he might properly be permitted so to register such a trade mark), the High Court or the Registrar may refuse an application made under paragraph (a) or (b) in relation to any goods, if it is shown that there has been, before the relevant date or during the rel­ evant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same description, being goods in respect of which the trade mark is registered. (2) Where. in relation to any goods in respect of which a trade mark is registered­ (a) the matters referred to in paragraph (h) of subsection (I) are shown so far as regards non-use of the trade mark in rela­ tion to goods to be sold or otherwise traded in in a particu­ lar place in Zambia (otherwise than for export from Zambia) or in relation to goods to be exported to a particu­ lar market outside Zambia; and