TRADE MARKS ACT mark, the Tribunal or the Registrar may refuse an application made under paragraph (a) or (b) in relation to any goods or services, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods or services of the same description, being goods or services in respect of which the trade mark is registered. (2) Where, in relation to any goods or services in respect of which a trade mark is registered— (a) the matters referred to in paragraph (b) of subsection (1) are shown so far as regards non-use of the trade mark in relation to— (i) goods to be sold or otherwise traded in in a particular place in Zimbabwe, otherwise than for export from Zimbabwe; or (ii) goods to be exported to a particular market outside Zimbabwe; or (iii) services to be performed in Zimbabwe; and (b) a person has been permitted under subsection (2) of section fifteen to register an identical or nearly resembling trade mark in respect of those goods or services under a registration extending to use in relation to— (i) goods to be sold or otherwise traded in in that place, otherwise than for export from Zimbabwe; or (ii) goods to be exported to that market; or (iii) services to be performed in that place; or the Tribunal or the Registrar is of the opinion that he might properly be permitted so to register such a trade mark; on application by that person to the Tribunal or, at the option of the applicant and subject to section seventy-seven, to the Registrar, the Tribunal or the Registrar may impose on the registration of the firstmentioned trade mark such limitations as the Tribunal or the Registrar thinks right for securing that that registration shall cease to extend to such use as last aforesaid. (3) An applicant shall not be entitled to rely, for the purposes of paragraph (b) of subsection (1) or for the purposes of subsection (2), on any non-use of a trade mark that is shown to have been due to special circumstances in the trade and not to any intention not to use or to abandon the trade mark in relation to the goods or services to which the application relates. ss 30–32 mentioned goods or services, be registered in Part D of the Register in his name in respect of those other goods or services as a defensive trade mark and, while so registered, shall not be 32 Defensive registration of well known trade marks (1) Where a trade mark registered in Part A of the Register has become so well known as respects any goods or services in respect of which it has been used that the use thereof in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade between those goods or services and a person entitled to use the trade mark in relation to the first-mentioned goods or services, then, notwithstanding that the proprietor registered in respect of the first-mentioned goods or services does not use or propose to use that trade mark in relation to those other goods or services and notwithstanding anything in section thirty-one, the trade mark may, on the application in writing in the prescribed manner of the proprietor registered in respect of the first99 [Chapter 26:04]