42
CAP. 506
Trade Marks
[Rev. 2009
of Kenya.
(3) Where there is a conflict between the provisions of this Act and
the provisions of the Banjul Protocol on Marks, this Act shall prevail.
(4) The provisions of this Act with respect to legal proceedings
and appeals relating to registered trade marks shall apply to international
trade marks.
Part VIII - Rules And Fees
Power of Minister to
make rules.
39 of 1956, Sch.,
5 of 1994.
41. The Minister may make such rules, prescribe such forms and
generally do such things as he thinks expedient –
(a) for regulating the practice under this Act, including the
service of documents;
(b) for classifying goods and services for the purposes of
registration of trade marks;
(c) for making or requiring duplicates of trade marks and other
documents;
(d) for securing and regulating the publishing and selling or
distributing, in such manner as the Minister thinks fit, of
copies of trade marks and other documents;
(e) generally, for regulating the business of the Registrar in
relation to trade marks and all things by this Act placed under
the direction or control of the Registrar.
Fees.
42. There shall be paid in respect of applications and registration
and other matters under this Act such fees as may be prescribed by the
Minister.
Part IX - Powers And Duties Of Registrar
Preliminary advice
by Registrar as to
distinctiveness.
43. (1) The power to give to a person who proposes to apply for
the registration of a trade mark in Part A or Part B of the register advice
as to whether the trade mark appears to the Registrar prima facie to be
inherently adapted to distinguish, or capable of distinguishing, as the
case may be, shall be a function of the Registrar under this Act.
(2) A person who is desirous of obtaining such advice shall make
application to the Registrar therefor in the prescribed manner.
(3) If on an application for the registration of a trade mark as to