Rev. 2009]
Trade Marks
CAP. 506
23
but in any such case the trade mark as so modified shall be advertised
in the prescribed manner before being registered.
(11) If a person giving notice of opposition or an applicant
sending a counter-statement after receipt of a copy of such a notice,
or an appellant, neither resides nor carries on business in Kenya, the
court or the Registrar may require him to give security for costs of the
proceedings before the court or the Registrar relative to the opposition
or to the appeal, as the case may be, and in default of such security being
duly given may treat the opposition or application, or the appeal, as the
case may be, as abandoned.
22. (1) When an application for registration of a trade mark in Part Registration.
A or in Part B of the register has been accepted, and either (a) the application has not been opposed and the time for notice
of opposition has expired; or
(b) the application has been opposed and the opposition has
been decided in favour of the applicant,
the Registrar shall, unless the application has been accepted in error,
register the trade mark in Part A or Part B, as the case may be, and
the trade mark, when registered, shall be registered as of the date of
the application for registration, and that date shall be deemed for the
purposes of this Act to be the date of registration:
Provided that the provisions of this subsection, relating to the
date as of which a trade mark shall be registered and to the date to be
deemed to be the date of registration, shall, as respects a trade mark
registered under this Act with the benefit of any enactment relating to
international or inter-imperial arrangements, have effect subject to the
provisions of that enactment.
(2) On the registration of a trade mark, the Registrar shall issue
to the applicant a certificate in the prescribed form of the registration
thereof under the hand and seal of the Registrar.
(3) Where 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 may, after giving notice of the
non-completion to the applicant in writing in the prescribed manner,
treat the application as abandoned unless it is completed within the time
specified in that behalf in the notice.
23. (1) The registration of a trade mark shall be for a period of Duration and renewal
ten years, but may be renewed from time to time in accordance with of registration.