24
5 of 1994,
4 of 2002.
CAP. 506
Trade Marks
[Rev. 2009
the provisions of this section.
(2) The Registrar shall, on application made by the registered
proprietor of a trade mark in the prescribed manner and within the
prescribed period, renew the registration of the trade mark for a period
of ten years from the date of expiration of the original registration or
of the last renewal of registration, as the case may be, which date is in
this section referred to as the expiration of the last registration:
Provided that all the trade marks that were registered or the
registration of which was renewed before the commencement of this
section, shall remain in force until the expiry of the period of registration
or renewal and thereafter, the provisions of this section shall apply.
(3) At the prescribed time before the expiration of the last
registration of a trade mark, the Registrar shall send notice in the
prescribed manner to the registered proprietor of the date of expiration
and the conditions as to payment of fees and otherwise upon which a
renewal of registration may be obtained, and, if at the expiration of
the time prescribed in that behalf those conditions have not been duly
complied with, the Registrar may remove the trade mark from the
register, subject to such conditions, if any, as to its restoration to the
register as may be prescribed.
(4) Where a trade mark has been removed from the register for
non-payment of the fee for renewal, it shall, nevertheless, for the purpose
of any application for the registration of a trade mark during one year
next after the date of the removal, be deemed to be a trade mark that is
already on the register:
Provided that this subsection shall not have effect where the court
or the Registrar is satisfied either(i) that there has been no bona fide trade use or business use
of the trade mark that has been removed during the two
years immediately preceding its removal; or
(ii) that no deception or confusion would be likely to arise
from the use of the trade mark that is the subject of the
application for registration by reason of any previous use
of the trade mark that has been removed.
(5) The Registrar shall cause an application for registration of a
trade mark to be published in the Journal or in the Kenya Gazette, in
such manner as may be prescribed in the rules made under this Act.
Registration of part
24. (1) Where the proprietor of a trade mark claims to be entitled