ss 27–30 (b) TRADE MARKS ACT trade mark would or would not be invalid under subsection (4); and a certificate issued in terms of paragraph (a) shall, subject to the provisions of this section as to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under subsection (4) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case: (8) An appeal shall lie from any decision of the Registrar under this section. Provided that a certificate in favour of validity shall be so conclusive only if application under section twenty-nine for the registration of the title of the person becoming entitled is made within six months from the date on which the certificate is issued. (6) Notwithstanding anything in subsections (1) to (3), a trade mark shall not, on or after the appointed day, be assignable or transmissible in a case in which, as a result of an assignment or transmission thereof, there would in the circumstances subsist, whether under the common law or by registration— (a) an exclusive right in one of the persons concerned to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in or services to be performed in a place or places in Zimbabwe; and (b) an exclusive right in another of those persons to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to the same goods or services or description of goods or services limited to use in relation to goods to be sold or otherwise traded in or services to be performed in another place or other places in Zimbabwe: 28 Power of registered proprietor to assign and give receipts Provided that on application in the prescribed manner by the proprietor of a trade mark who proposes to assign it or of a person who claims that a trade mark has been transmitted to him or to a predecessor in title of his on or after the appointed day, the Registrar, if he is satisfied that in all the circumstances the use of the trade marks in exercise of the said rights would not be contrary to the public interest, may approve the assignment or transmission, and an assignment or transmission so approved shall not be deemed to be, or to have been, invalid under this subsection or under subsection (4), so, however, that in the case of a registered trade mark this provision shall not have effect unless application under section twenty-nine for the registration of the title of the person becoming entitled is made within six months from the date on which the approval is given or, in the case of a transmission, was made before that date. (7) Notwithstanding anything contained in subsections (1) and (2) and subject to subsections (4) and (6), where a trade mark which is the subject of an application for registration has, subsequent to the date of the application, been assigned or transmitted, the Registrar may, on application in the prescribed manner and subject to such conditions as he may deem necessary, allow, on payment of the prescribed fee, the person or persons entitled to such trade mark by reason of such assignment or transmission to be substituted as the applicant or applicants, as the case may be, for registration of the trade mark. [Chapter 26:04] Subject to this Act, the person for the time being entered in the Register as proprietor of a trade mark shall, subject to any rights appearing from the Register to be vested in 96