Act 17
Trademarks Act
2010
(9) On an appeal under this section no further grounds of
objection to the registration of a trademark shall be allowed to be
taken by the person objecting or the registrar, other than those stated
by the person objecting, except by leave of the court.
(10) Where any further grounds of objection are taken, the
applicant is entitled to withdraw his or her application without payment
of the costs of the person objecting on giving notice as prescribed.
(11) On hearing the appeal, the court may permit the trademark
proposed, to be registered and modified in a manner not substantially
affecting its identity and the modified trademark shall be published in
the prescribed form before being registered.
(12) Where a person who gives notice of an objection or an
applicant who sends a counter statement after receipt of a copy of a
notice or an appellant, does not reside or carry on business in the East
African Community, the court or the registrar may require him or her to
give security for costs of the proceedings before the court or the registrar
relating to the objection or to the appeal, as the case may be, and if the
security is not given may treat the objection or application or the appeal
as abandoned.
13. Marks registrable as certification marks.
(1) A mark adapted in relation to any goods to distinguish, in the
course of trade, goods certified by a person in respect of origin,
material, mode of manufacture, quality, accuracy or other
characteristic, from goods not certified shall be registrable as a
certification mark in Part A or Part B of the register in respect of those
goods in the name of that person as owner.
(2) A mark shall not be registrable under subsection (1) in the
name of a person who carries on a trade in goods of the kind certified.
(3) A mark adapted in relation to any services to distinguish in
the course of business services certified by any person in respect of
quality, accuracy or other characteristic, from services certified, shall
be registrable as a certification mark in Part A of the register in
respect of those services in the name of that person.
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