TRADE MARKS ACT
PART VI
ASSIGNMENT AND TRANSMISSION
27 Powers of, and restriction on, assignment
and transmission
(1) Notwithstanding any law to the contrary, a
registered trade mark shall be, and shall be deemed
always to have been, assignable and transmissible,
either in connection with or without the goodwill of
the business concerned in the goods or services in
respect of which the trade mark is registered.
(2) A registered trade mark shall be, and shall be
deemed always to have been, assignable and transmissible in respect either of all the goods or services
in respect of which it is registered or was registered,
as the case may be, or of some, but not all, of those
goods or services.
(3) Subsections (1) and (2) shall have effect in the
case of an unregistered trade mark used in relation to
any goods or services as they have effect in the case
of a registered trade mark registered in respect of any
goods or services, if—
(a) at the time of the assignment or transmission
of the unregistered trade mark, it is or was
used in the same business as a registered trade
mark; and
(b) it is or was assigned or transmitted at the same
time to the same person as that registered trade
mark and in respect of goods or services, all of
which are goods or services in relation to
which the unregistered trade mark is or was
used in that business and in respect of which
that registered trade mark is or was assigned or
transmitted.
(4) Notwithstanding anything in subsections (1) to
(3), a trade mark shall not be, or be deemed to have
been, assignable or transmissible in a case in which,
as a result of an assignment or transmission, there
would in the circumstances subsist, or have subsisted,
whether under the common law or by registration,
exclusive rights in more than one of the persons
concerned to the use, in relation to the same goods or
services or description of goods or services, of trade
marks nearly resembling each other or of identical
trade marks if, having regard to the similarity of the
goods or services and of the trade marks, the use of
the trade marks in exercise of those rights would be,
or have been, likely to deceive or cause confusion:
Provided that where a trade mark is, or has been,
assigned or transmitted in such a case as aforesaid,
the assignment or transmission shall not be deemed to
be, or to have been, invalid under this subsection if
the exclusive rights subsisting as a result thereof in
the persons concerned respectively are, or were,
having regard to limitations imposed thereon, such as
not to be exercisable by two or more of those persons
in relation to—
(a) goods to be sold or otherwise traded in within
Zimbabwe, otherwise than for export therefrom; or
(b) goods to be exported to the same market
outside Zimbabwe; or
(c) services to be performed within Zimbabwe.
(5) Where the proprietor of a registered trade mark
who proposes to assign that trade mark in respect of
any goods or services in respect of which it is
ss 24–27
registered submits to the Registrar in the prescribed
manner a statement of case setting out the circumstances—
(a)
the Registrar may issue to him a certificate
stating whether, having regard to the similarity
of the goods or services and of the trade marks
referred to in the case, the proposed assignment of the first-mentioned
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[Chapter 26:04]
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