IPINIJ IG.HA/T/1 Page 22 (2) Except where the applicant has been permitted under subsection (2) of section 12 of this Act to register an identical or nearly resembling trade mark in respect of the goods in question or where the Court or the Registrar (as the case may be) is of opinion that he might properly be permitted so to register such a trade mark the Court or the Registrar (as the case may be) may refuse an application made under paragraph.(a) or (b) of subsection (1) of this section in relation to any goods, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by anyproprietor thereof for the time being in relation to goods of the same description, "being .goods in respect of which the trade mark is.registered, (3) Where in relation to any goods in respect of which a trade mark is registered-« I (a) the matters referred to' in paragraph (b). of subsection (1) of this section are shown so far as regards non-use of the trade mark in relation to goods to be sold, or other.. wise traded in, in a particular place in Ghana. (otherwise than for export from, Ghana)). or in relation to goods to be exported to a particular market. outside Ghana; and (b) a. person has been permitted, under subsection (2) .of section 12 of this Act to register an identical or nearly resembling trade mark in respect of those goods under a registration extending to use. in relation to goods to be sold, or otherwise traded in, in that place (otherwise than for export from Ghana), or in relation to goods to be exported to that market, or toe Court or the Registrar is of opinion that he might properly be per... mined so to rezister such a trade mark: ~& • . , '. on application by that person to, the Court, or, at the option of the applicant and subject to section 5Q of this Act, to the Registrar, the Court or the Registrar (as the case may be) may impose on the registration of the first-mentioned trade mark such limitations as the Court or the Registrar (as the case. may be) thinks proper for securing that that registration shall cease to extend to the last.. mentioned use.. (4) An applicant shall not be entitled to rely for the purposes of paragraph (b) of subsection (1), or for the purposes of subsection (3) 'of this section on any non-use of' a trade mark that is shown to have been due to special' circumstances, in the trade and not to any intention not to US~ or to abandon the, trade. mark in relation to the goods to which the .application relates, .