IPIN/I/KENff/1
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[Subsidiary]
TM 42, may be made at any time before or during the period for
which extension can be allowed; the extension of the period which
the Registrar may allow shall not exceed three months.
Alteration of
address in
register.
Application to
rectify or
remove a trade
mark from
the register.
Alteration of Address
81. (1) A registered proprietor or registered user of a trade mark
whose trade or business address is changed so that the entry in the
register is rendered incorrect shall Iorthwith .request the Registrar in
form TM 17 to make the appropriate alteration of the address in the
register, and the Registrar shall alter the register accordingly if he is
satisfied in the matter.
(2) A registered proprietor or registered user of a trade mark
whose address for service in Kenya entered in the register is changed,
whether by discontinuance of the entered address Or otherwise, so that
the entry in the register is rendered incorrect, shall forthwith request
the Registrar in form TM 32 to make the appropriate 'alteration of
the address in the register, and the Registrar shall alter the register
accordingly if he is satisfied in the matter.
(3) A registered proprietor or registered user of a trade mark
whose registered trade or business address or address for service is
altered by a public authority, so that the changed address designates
the same premises as before, may make the request to the Registrar,
but in that case no fee shall be payable, and if he does so he
shall leave therewith a certificate of the alteration given by the
authority; and if the Registrar is satisfied as to the facts of the case he
shall alter the register accordingly.
(4) In the case of the alteration of the address of a person entered
in the register as the address for service of more than one registered
proprietor or registered user of trade marks, the Registar may, on
proof that the address is the address of the applicant and if satisfied
that it is just to do so, accept an application from that person
in form TM 32 amended so as to suit the case for the appropriate
alteration of the entries of his address as the address for service in
the several registrations, particulars of which shall be given in the
form, and may alter the entries accordingly.
(5) AU applications under this rule in form T M 32 shall be signed
by the registered proprietor or the, registered user; as the case may be,
or by an agent, expressly authorized by him for the purpose of such
an application, unless in exceptional circumstances the Registrar other
wise allows.
Applications to the Registrar for Rectification
(Sections 29, 36, 35 and 36)
82. (1) An application to the Registrar under any of the sections
29, 30, 35 and 36 of the' Act for the making, expunging or varying
of any entry in' the register shall be made in form TM 25 and
shall be accompanied by a statement setting out fully the nature of
the applicant's interest, the facts upon which he bases his case and
the relief which he seeks.
(2) 'where the application is made by a person who is not the
registered proprietor of the trade mark in question it shall be accorn-'
panied by a copy of the application and a copy of the statement, and
these copies shall be transmitted forthwith by the Registrar to the
registered proprietor.
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