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
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