18 CAP. 401] Trade Marks Provided that the foregoing provisions of this subsection shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trade mark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to public use. (As amended by Act No. 17 of 1980) Effect of limitation as to colour and of absence thereof 21. (1) A trade mark may be limited in whole or in part to one or more specified colours, and in any such case the fact that it is so lim­ ited shall be taken into consideration by the Registrar, or by the High Court in the event of an appeal from a decision of the Registrar, in deciding on the distinctive character of the trade mark. (2) If and so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. PART V PROCEDURE FOR, AND DURATION OF, REGISTRATION Application for registration 22. (I) Any person claiming to be the proprietor of a trade mark. used or proposed to be used by him who is desirous of registenngh must apply in writing to the Registrar in the prescribed manner for registration either in Part A or in Part B of the register. (2) A proprietor of a trade mark who immediately prior to the commencement of this Act owned a trade mark registered in respect of the same classification of goods in Southern Rhodesia, Nyasalar :' and the former Protectorate of Northern Rhodesia may, on applic tion made in writing in the prescribed manner within twelve months of such date and without further compliance with the provisions of this Part, obtain registration of such mark in respect of such goods under the provisions of this Act, which shall be dated with the date of the trade mark first registered in any such territory and shall expire on the date on which it would expire under the provisions of the law relating to trade marks of the territory in which it was last registered. (3) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amend­ ments, modifications, conditions or limitations, if any, as he may think right. (4) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if the applicant is willing, instead of refusing the application. treat it as an application for registration in Part Band deal with the application accordingly.