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 (6) Where— (a) a trade mark was registered before the appointed day in a register of trade marks kept under the repealed legislation the period of such registration shall be seven years from the date of such registration; (b) the registration of a trade mark has been renewed under the repealed legislation the period of such renewal shall be fourteen years from the expiration of the last registration under the repealed legislation.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“expiration of the last registration”, in relation to a trade mark, means the expiration in terms of this Act or the repealed legislation, as the case may be, of the original registration of the trade mark or of the last renewal of registration, as the case may be. 25 Registration of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] 94

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