No. 12 Trade and Service Marks 1986 17 (c) in relation to goods which have been sold or offered for sale in Tanzania under the trade mark by the proprietor or any associated company of the proprietor, wherever incorporated or with the proprietor's consent, unless the condition of the goods is modified or impaired after they have been sold or offered for sale. (4) The use of a registered trade mark, being one of two or more registered trade marks that are identical or nearly resemble each other in exercise of the right to the use of that trade mark given by registration under section 31 shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks. (5) For the purpose of this section, the reference to the use of a sign by a person not being the proprietor thereof or a registered user using by way of permitted use shall be construed as including reference to the audible use of the sign. 33. Nothing in this Act shall entitle the proprietor or a registered user of registered trade or service mark to interfere with or restrain the use by any person of a trade or service mark identical with or nearly resembling it, in relation to goods or services in relation to which that person or a predecessor in title of his Bona fide use of name or description has continuously used that trade or service mark from the date anterior(i) to the use of the first mentioned trade or service mark in relation to those goods or services by the proprietor or his predecessor in title; or (ii) to the registration of the first mentioned trade or service mark in respect of those goods or services in the name of the proprietor or his predecessor in title, whichever is the earlier, or to object (on such use being proved) to that person being put on the register for that identical or nearly resembling trade or service mark in respect of those goods or services under section 20(2). 34. No registration of a trade or service mark shall interfere with (i) the bonafide use by any person of his own name or of the name of the geographical location of his business, or of the name of any of his predecessors in. business; or (ii) the use by any person of any bonafide description of the character or quality of his goods or services, not being a description that would be likely to be taken as importing any such reference as is mentioned in section 32 (1) (a) (ii). Right to continue use Bona fide use of name of description PART VIII REMOVAL FROM, RECTIFICATION, CORRECTION OF THE REGISTER 35.-(1) A registered trade or service mark shall be removed from the register in respect of any of the goods or services in respect of which it is registered on application by an aggrieved person to the court or, at the option of the applicant under the provisions of section 55 of this Act, to the Registrar, on the ground that up to one month prior to the filing of the application a continuous period of three years or longer had Removal on the ground of non-use

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