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. 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 (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. 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