ss 22–24
TRADE MARKS ACT
previous use of the trade mark that has been
removed from the Register.
(5) Where—
(a) a trade mark has been removed from the
Register for non-payment of the fee for renewal; and
(b) the proprietor of the trade mark—
(i) applies in the prescribed manner within
three years of such removal for the trade
mark to be restored to the Register; and
(ii) furnishes with his application a declaration in the prescribed form that the trade
mark has bona fide been used in trade in
Zimbabwe during the period from the
date of removal or reasons satisfactory to
the Registrar as to why there has been no
such bona fide trade use;
the Registrar may, subject to any conditions referred
to in subsection (3), restore that trade mark to the
Register with effect from the date on which it was
removed, and thereupon that trade mark shall be
regarded for all purposes as though it had not been
removed from the Register.
(6) Where—
(a) a trade mark was registered before the appointed day in a register of trade marks kept
under the repealed legislation the period of
such registration shall be seven years from the
date of such registration;
(b) the registration of a trade mark has been
renewed under the repealed legislation the period of such renewal shall be fourteen years
from the expiration of the last registration under the repealed legislation.
(7) An appeal shall lie from any decision of the
Registrar under this section.
(8) In this section—
“expiration of the last registration”, in relation to a
trade mark, means the expiration in terms of this Act
or the repealed legislation, as the case may be, of the
original registration of the trade mark or of the last
renewal of registration, as the case may be.
25 Registration of parts of trade marks
(1) Where the proprietor of a trade mark claims to
be entitled to the exclusive use of any part thereof
separately, he may apply to register the whole and
any such part as separate trade marks. shall—
(2) Each separate trade mark referred to in subsection (1) shall—
(a) satisfy all the conditions of an independent
trade mark; and
(b) subject to the provisions of subsection (3) of
section thirty and of subsection (2) of section
thirty-five, have all the incidents of an independent trade mark.
(b)
statements of number, price, quality or names
of places; or
(c)
other matter of a non-distinctive character
which does not substantially affect the identity
of the trade mark; or
(d)
colour; seeks to register those trade marks,
they may be registered as a series in one registration.
26 Registration of trade marks as a series
Where a person claiming to be the proprietor of
several trade marks in respect of the same goods or
services or description of goods or services which,
while resembling each other in the material particulars thereof, yet differ in respect of—
(a) statements of the goods or services in relation
to which they are respectively used or proposed to be used; or
[Chapter 26:04]
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