Trade Marks
[CAP. 401 31
(12) Where a person is registered as a registered user of a trade
mark on an application made within one year from the commence
ment of this Act, subsection (2) shall have effect in relation to any
previous use in the former Protectorate of Northern Rhodesia
(whether before or after the commencement of this Act) of the trade
mark by that person, being use in relation to the goods in respect of
which he is registered and, where he is registered subject to condi
tions or restrictions, being use such as to comply substantially there
with, as if such previous use had been permitted use.
(13) Nothing in this section shall confer on a registered user of~.
~ade mark any assignable or transmissible right to the use thereof.
(As amended by S./. No. 175 of 1965)
34. (1) No application for the registration of a trade mark In
r~~ect..Q.~I!Y ..&.<?Q.<!t.!.hall
@ refused, nor shall permission for such
registration be withheld, on the ground only that it appears that the
applicant does not use or propose t().!lseth~_tr.~Qe.J:I.li:l!Je(a) if the Registrar is satisfied that a body corporate is about to
be constituted and that the applicant intends to assign the
~~~~JP.~~ to the corporation with a view to the use thereof
~llJ~J.3!iQn..tQJhQse.gooQ§by the corporation; or
(b) if the application is accompanied by an application for the
registration of a person as a registered user of th.e trade
mark and the Registrar is satisfied that the proprietor
intends it to be used by that person ~1!..!:~a~!.2.!l.1.2.JhQ§.e
goods and the Registrar is also satisfied that that person
will be registered as a registered user thereof immediately
after the registration of the trade.mark,
(2) The provisions of section thirty-one shall have effect in rela
tion to a tradS' mark registered under the power conferred by subsec
tion (1)-;s if for the reference in paragraph (0) gf subsection (1) of
section thirty-one to intention on the part of an applicant for regis
tration that a trad" mark. should be used by him, there were substi
tuted a reference to intention on his part that it should be used by the
corporation or registered user concerned.
(3) Where l.fIil'le Il]!tk is .tegiS!~!.ct.Q.lJl.re§.p.$~ of anv fWOds under
the power conferred by subsection (l) in the name of an applicant
who relies on intention to assign to a corporation as aforesaid, then,
unless within such period as may be prescribed or within such fur
ther period not exceeding six months as the Registrar may on appli
cation being made to him in the prescribed manner allow, the corpo
ration has been registered as the proprietor of the trade mark. ill
r~tDf..jJ)Qse goo~ the registration shall cease to have effect in
respect thereof at the expiration of that period, and the Registrar shall
amend the register accordingly.
Proposed use
of trade mark
by corporation
to be consti
tuted. etc.
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