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. 103 [Chapter 26:04]

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