18 No. 12 Trade and Service Marks 1986 elapsed during which the registered proprietor did not use the trade or service mark in relation to those goods or services, provided that failure to use the trade or service mark shall not be taken into account where(a) it is attributable solely to special circumstances preventing use of the trade or service mark and not to any intention to abandon or not use the trade or service mark, or (b) the non use is within five years from the date of first advertisement of the trade or service mark in accordance with section 28 or within the period from such date extended to two years from the date of the final decision on the registration whichever period expires later. (2) For the purpose of subsection (1)(a) the use of the whole of a registered trade or service mark shall be deemed to be equivalent to the use of any registered trade or service mark, being a part thereof registered in the name of the same proprietor by virtue, of section 25(l), (b) where a trade or service mark has been used in relation to some, but not all of the goods or services in respect of which it is registered, such use shall be deemed to be equivalent to the use of the trade or service mark in relation to all closely related goods or services in respect of which it is registered, (c) where a trade or service mark is applied to goods or services to be exported from Tanzania, such use shall be deemed to be equivalent to the use of the trade or service mark in relation to those goods or services in Tanzania; and (d) the use of associated registered trade or service mark, or of the trade or service mark with additions or alterations not substantially affecting its identity may be accepted as an equivalent for the use of the trade or service mark. Rectification 36. Any person aggrieved by the non insertion in or omission from the Register of any entry, or by any entry wrongly remaining on the Register, or by any error or defect in any entry in the Register, may apply to the court or at the option of the applicant and subject to the provisions of section 55 of this Act, to the Registrar, and the court or the Registrar shall make such order for making, expunging or varying the entry as shall be deemed fit. Fraud in the Registration Renewal, Assignment Assignment etc. 37. In case of fraud in the registration, renewal, assignment or transmission of a registered trade or service mark, the Registrar shall himself apply to the court for an order for making, expunging or varying the entry in the Register as may be deemed fit. Breach of condition Correction of the register 38. The Registrar shall, make such order, as he shall deem fit for expunging or varying registration of a trade or service mark on the ground of any contravention of or failure to observe a condition entered on the register in relation thereto. 39,(1) The Registrar shall, on request made in the prescribed manner by the registered proprietor-