IP/N/llKENff/l
Page 61
[Subsidiary']
53. (1) Where there are exhibits to declarations filed in an opposi
tion, copies or impressions of such exhibits shall be sent to the other
party on his request and at his expense, or, if such copies or impres
sions cannot conveniently be furnished, the originals shall be left with
the Registrar in order that they may be open to inspection.
Exhibits.
(2) The original exhibits shall be produced at the hearing unless
the Registrar otherwise directs.
54. (1) Upon completion of the evidence, the Registrar shall give
notice to the parties of a date when he will hear the arguments in the'
case.
(2) An appointment shall be for n date at least fourteen days
after the date of the notice, unless the parties consent to a shorter
notice.
(3) Within seven days from the receipt of the notice any party
who intends to appear shall so notify the Registrar in form TM 8.
Hearing.
(4) A party who receives notice and who does not, within seven
days from the receipt thereof, so notify the Registrar in form TM ~,
may be treated as not desiring to be heard and the Registrar may act
accordingly.
55. Where in opposition proceedings any extension of time is
granted 10 any party, the Registrar may thereafter, without giving
that party a hearing, grant any reasonable extension of time 1:0 any
other party in which to take any suhsequent steps.
56. \Vhere a party giving notice of opposition or an applicant
sending a counter-statement after receipt of a copy of such a notice
neither resides nor carries on business in Kenya, the Registrar may
require him to give security, in such form as the Registrar may deem
sufficient, for the costs of the proceedings before the Registrar, for
such amount as to the Registrar may seem fit, and at any stage in the
opposition proceedings may require further security to be given at any
time before his decision in the case.
57. In the event of an opposition being uncontested by the appli
cant, the Registrar in deciding Whether costs should be awarded to
the opponent shall consider whether proceedings might have been
avoided if reasonable notice had been given by the opponent to the
applicant ,before the notice of opposition was lodged.
58. Within sixty days from the date of any advertisement in the
Gazette of an application for the registration of a certification trade
mark, any person may give notice to the Registrar in form TiY1 36
of opposition under subparagraph (I) of paragraph 2 of the First
Schedule to the Act: and rules 47 to 57 shall apply mutatis mutandis
to the proceedings thereon with substitution of fonn TM 37 for form
TM 7 and form TM 38 for form TM 8; and in any case of doubt
any party may apply to the Registrar for directions.
Extension of
time.
Security for
costs.
Costs in
uncontested
case.
Opposition to
application
under
section 40.
Non-Completion
59. (l) \Vhere registration of a trade mark is not completed within
twelve months from the date of the application by reason of default
on the part of the applicant, the Registrar shall in forrn TM 9A give
notice in writing to the applicant at his trade or business address of
the non-completion, but if the applicant has authorized an agent for
Non-completion
of
registration.
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