18 CAP. 401]
Trade Marks
Provided that the foregoing provisions of this subsection shall not
have effect in relation to a word which is used to denote only a brand
or make of the element or compound as made by the proprietor or a
registered user of the trade mark, as distinguished from the element
or compound as made by others, and in association with a suitable
name or description open to public use.
(As amended by Act No. 17 of 1980)
Effect of
limitation as
to colour and
of absence
thereof
21. (1) A trade mark may be limited in whole or in part to one or
more specified colours, and in any such case the fact that it is so lim
ited shall be taken into consideration by the Registrar, or by the High
Court in the event of an appeal from a decision of the Registrar, in
deciding on the distinctive character of the trade mark.
(2) If and so far as a trade mark is registered without limitation of
colour, it shall be deemed to be registered for all colours.
PART V
PROCEDURE FOR, AND DURATION OF, REGISTRATION
Application
for registration
22. (I) Any person claiming to be the proprietor of a trade mark.
used or proposed to be used by him who is desirous of registenngh
must apply in writing to the Registrar in the prescribed manner for
registration either in Part A or in Part B of the register.
(2) A proprietor of a trade mark who immediately prior to the
commencement of this Act owned a trade mark registered in respect
of the same classification of goods in Southern Rhodesia, Nyasalar :'
and the former Protectorate of Northern Rhodesia may, on applic
tion made in writing in the prescribed manner within twelve months
of such date and without further compliance with the provisions of
this Part, obtain registration of such mark in respect of such goods
under the provisions of this Act, which shall be dated with the date
of the trade mark first registered in any such territory and shall
expire on the date on which it would expire under the provisions of
the law relating to trade marks of the territory in which it was last
registered.
(3) Subject to the provisions of this Act, the Registrar may refuse
the application or may accept it absolutely or subject to such amend
ments, modifications, conditions or limitations, if any, as he may
think right.
(4) In the case of an application for registration of a trade mark
(other than a certification trade mark) in Part A of the register, the
Registrar may, if the applicant is willing, instead of refusing the
application. treat it as an application for registration in Part Band
deal with the application accordingly.