Rev. 2009]
Trade Marks
CAP. 506
“International Classification of the Figurative Elements of
Marks” means the classification established by the Vienna Agreement
establishing an international classification of the Figurative Elements
of Marks, of the 12th June 1973, as revised and amended from time
to time;
“Journal” means the Industrial Property Journal published by
the Institute;
“licensee” means a person who is for the time being registered
as such under section 31;
“limitations” means any limitations of the exclusive right to the
use of a trade mark given by the registration of a person as proprietor
thereof, including limitations of that right as to mode of use, as to use
in relation to goods to be sold, or otherwise traded in, in any place
within Kenya, or as to use in relation to goods to be exported to any
market outside Kenya;
“mark” includes a distinguishing guise, slogan, device, brand,
heading, label, ticket, name, signature, word, letter or numeral or any
combination thereof whether rendered in two-dimensional or threedimensional form;
“permitted use” has the meaning assigned to it by subsection (1)
of section 31;
“prescribed” means, in relation to proceedings before the court,
prescribed by rules of court, and, in other cases, prescribed by this Act
or the rules;
“profession” means a calling or occupation, not being a trade
or handicraft, carried on by an individual person being a member
of a lawfully established body of persons each of whom is qualified
and licensed by that body as having acquired and holding the
specialized knowledge necessary to enable that person to practice in
the particular department of learning or science with which such body
is concerned;
Act;
“register” means the register of trade marks kept under this
“registered trade mark” means a trade mark that is actually on
the register;
“Registrar” means the Registrar of Trade Marks appointed under
7