Rev. 2009]
Trade Marks
CAP. 506
1993, and it includes all the amendments or revisions thereof;
“International Bureau” means the International Bureau of the
World Intellectual Property Organization, established by the convention
signed at Stockholm on the 14th July, 1967;
41
and Protocol.
4 of 2002.
“the Madrid Convention” means the Agreement relating to
the International Registration of Marks, adopted in Madrid in April,
1891;
“the Madrid Protocol” means the protocol relating to the Madrid
Agreement adopted in Madrid on 27th June, 1989;
“international trade mark” means a trade mark which is entitled
to be protected in Kenya under the Madrid Agreement and the Madrid
Protocol.
40C. (1) The Minister may, in rules, make appropriate provisions Rules regarding
to give effect, in Kenya, to the provisions of the Banjul Protocol and regional and
international
the Madrid Agreement and the Madrid Protocol.
(2) The rules referred to in subsection (1) may, in particular,
provide for –
applications.
4 of 2002.
(a) the filing of applications for international registration of
marks through the Institute;
(b) the procedures to be followed where the basic application
in Kenya fails or ceases to be in force;
(c) the communication of information to ARIPO or the
International Bureau;
(d) the payment of fees in respect of applications for regional
or international registration and renewals.
40D. (1) A trade mark in respect of which Kenya is a designated
state, registered by ARIPO by virtue of the Banjul Protocol, shall have
the same effect and enjoy the same protection in Kenya, as a trade
mark registered under this Act, unless the Registrar communicates to
ARIPO, in respect of the application, a decision in accordance with the
provisions of that Protocol, that if a mark is registered by ARIPO, that
mark shall have no effect in Kenya.
(2) The Institute shall act as a receiving office, for the purpose
of filing an application under the Banjul Protocol, where a regional
application is filed with it and the applicant is a national or a resident
Applications for
registration of marks
under the Banjul
Protocol.
4 of 2002.