TRADE MARKS ACT
registration that the trade mark should be used by
him there were substituted a reference to intention on
his part that it should be used by the body corporate
or registered user concerned.
(3) Where a trade mark is registered in respect of
any goods or services by virtue of subsection (1) in
the name of an applicant who relies on intention to
assign to a body corporate as mentioned in that
subsection, then, unless within such period as may be
prescribed or within such further period not exceeding six months as the Registrar may on application
being made to him in the prescribed manner allow,
the body corporate has been registered as the proprietor of the trade mark in respect of those goods or
services, the registration shall cease to have effect in
respect thereof at the expiration of that period, and
the Registrar shall amend the Register accordingly.
(4) An appeal shall lie from any decision of the
Registrar under this section.
ss 33–37
trar, and the Tribunal or the Registrar may
make such order for making, expunging or
varying the entry as the Tribunal or the Registrar may think fit.
35 Use of one of associated or substantially
identical trade marks equivalent to use of
another
(1) Where, under this Act, use of a registered trade
mark is required to be proved for any purpose, the
Registrar may, if and so far as the Registrar thinks fit,
accept—
(a) use of an associated registered trade mark; or
(b) use of the trade mark with additions or
alterations not substantially affecting its identity;
as an equivalent for the use required to be proved.
(2) The use of the whole of a registered trade mark
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 section twenty-five.
36 Use of trade mark for export trade
The application in Zimbabwe of a trade mark to
goods to be exported from Zimbabwe and any other
act done in Zimbabwe in relation to goods to be
exported from Zimbabwe or services to be performed
outside Zimbabwe which, if done in relation to goods
to be sold or otherwise traded in in Zimbabwe or
services to be performed in Zimbabwe would constitute use of a trade mark therein, shall be deemed to
constitute use of the trade mark in relation to those
goods or services for any purpose for which such use
is material under this Act or any other law.
PART VIII
RECTIFICATION AND CORRECTION OF REGISTER
37 General power to rectify entries in
Register
(1) Any person aggrieved by—
(a) the non-insertion in or omission from the
Register of any entry; or
(b) any entry made in the Register without
sufficient cause; or
(c) any entry wrongly remaining on the Register;
or
(d) any error or defect in any entry in the Register;
may apply in the prescribed manner to the Tribunal or, at the option of the applicant and
subject to section seventy-seven, to the Regis-
(2) In any proceedings under this section, the
Tribunal or the Registrar may decide any question
that it may be necessary or expedient to decide in
connection with the rectification of the Register.
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