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32 CAP. 401] Trade Marks (4) An appeal shall lie from any decision of the Registrar under this section. Use of one of associated or substantially identical trade marks equiva­ len! to use of another 35. (I) Where under the provisions of this Act use of a registered trade mark is required to be proved for any purpose, the Registrar, or the High Court in the event of an appeal from a decision of the . Registrar, may, if and so far as the Registrar or the High Court thinks right, accept use of an ~~~Q~(?!.~9_ registered trade m':l!k, or of the 1r~e. .m¥}c with additions or alterations noi"substantlaIiyaffecting its identity, as an equivalent for the use required to be proved. (2) The use of the whole of a registered ~"m51~~ shall, for the purposes of this Act, be deemed to be also a use of any registered trade mark, being a part thereof, registered in the name of the same proprietor by virtue of subsection (1) of section twenty-six. Use of trade mark for export trade 36. The application' in Zambia of a trade mark to goods to be exported from Zambia and any other act done in Zambia in relation to goods to be so exported which, if done in relation to goods to be sold or otherwise traded in in Zambia, would constitute use of a trade mark therein shall be deemed to constitute use of the trade mark in relation to those goods for any purpose forwhich such use is material under this Act or at common law. (As amended by G.N. No. 186 of 1964 and Act No. 17 of 1980). PART VIII RECTIFICATION AND CORRECTION OF THE REGISTER General power rectify entries in register 10 37. (I) Any person aggrieved by the non-insertion in or omission the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the High Court or, at the option of the applicant and subject to the provisions of section sixty-four, to the Registrar, and the High Court or the Registrar may make such order for making. expunging or varying the entry as the High Court or the Registrar may think til. fm!1} (2) The High Court or the Registrar may in any proceeding under this section decide any question that it may be necessary or expedi­ ent to decide in connection with the rectification of the register. 0) In case of fraud in the registration, assignment or transmission of a registered trade mar~, the Registrar may himself apply to the High Court under the provisions of this section. Any order of the High Court rectifying the register shall direct that notice of the rectification shall be served in the prescribed man­ (4)

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