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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