IP/NI1/KENfT11
Page 57
[Subsidiary]
28. Where application' is made for the registration of a series of
trade marks under subsection (2) of section 24 of the Act, a repre
sentation of each trade mark of the series shall be included, all as
prescribed in these Rules, in' the application form, in the duplicate
thereof (if any), and in each of the accompanying forms TM 3.
Series of trade
marks.
29. (1) Where a trade mark contains a word or words in characters
other than Roman, then> shall, unless the Registrar otherwise directs,
be endorsed on the application form, and on each of the .accompanying
form's TM 3. a sufficient transliteration and translation to the satisfac
tion of the Registrar of each of the words, and every such endorse
ment shall state the language to which the word belongs and shall be
signed by the applicantor his agent.
Transliteration
and translation.
(2) Where a trade mark contains a
other than English. the Registrar may
thereof together with the name of the
and name, if he so requires, shall be so
Procedure
word or words in a language
ask for an exact translation
language, and the translation
endorsed and signed.
Receipt of Application for Registration
of a Trade Mark
30. Upon receipt of an application for the registration of trade
mark in respect of any goods. the Registrar shall cause a search to be
made amongst the registered marks and pending applications. for the
purpose of ascertaining whether there are on record in respect of the
same goods or description of goods any marks identical with the mark
applied for, or which so nearly resemble it' as to render the mark
applied for likely to deceive or cause confusion, and the Registrar may
cause the search to be renewed at any time before the acceptance of
the application, but shall not be bound to do so.
all
Search
31. After a search, and consideration of the application, and
of any evidence of use or of distinctiveness or of any other matter.
which the applicant mayor may be required to furnish. the Registrar
may accept the application absolutely, or he may object to it. or he
may express his willingness to' accept it subject to such conditions,
amendments, disclaimer, modifications or limitations as he may think
right to impose.
Registrar's
powers on
application.
'32. If the Registrar objects to the application. 'he shall inform the
applicant of his objections in writing, and unless within two months
the, applicant applies for a hearing or makes a considered reply in
writing to those objections he shall be deemed to have withdrawn his
application.
Objection by
Registrar.
J 3. (1) If the Registrar is willing to accept the application subject
to any conditions, amendments. disclaimer, modifications or limita
tions, 'he shall communicate his willingness
the applicant in writing,
and, if the applicant objects to the conditions, amendments, dis
claimer, modifications or limitations, he shall within one month from
the date of the communication apply [or a hearing or communicate
his considered objections in writing, and if he does not do so Jie shall
be deemed to have withdrawn his application.
Conditions by
Registrar.
to
': (2):If the applicant does not object '10 the conditions, amend
ments, disclaimer, modifications or limitations, he shall forthwith
notify the Registrar in writing, and alter his application accordingly.
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