Forms TM/SM 3.
25. Transliteration and translation
(1) Where a mark contains a word or words in characters other than Roman,
there shall, unless the Registrar otherwise directs, be endorsed on the application form,
and on each of the accompanying Forms TM/SM 3, a sufficient transliteration and every
such endorsement shall state the language to which the word belongs and be signed by
the applicant or his agent.
(2) Where a mark contains a word or words in a language other than English or
Kiswahili, the Registrar may ask for an exact translation thereof together with the name
of the language, and such translation and name, if he so requires, shall be endorsed and
signed as aforesaid.
PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION OF A TRADE
OR SERVICE MARK (regs 26-64)
26. Examination
Upon receipt of an application for the registration of a mark in respect of any
goods or services the Registrar shall cause an examination 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 services or description of goods or
services any marks identical with the mark applied for, or so nearly resembling it as to
render the mark applied for likely to deceive or cause confusion, and the Registrar may
cause the examination to be renewed at any time before the acceptance of the
application, but shall not be bound to do so.
27. Acceptance
After such an examination, and consideration of the application, and of any
evidence of use or of distinctiveness or of any other matter which the applicant may or
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.
28. Objections
If the Registrar objects to the application, he shall inform the applicant of his
objections in writing, and unless within one month 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withdrawn his application.
29. The Registrar's conditional acceptance and hearing
If the Registrar is willing to accept the application subject to any conditions,
amendments, disclaimer, modifications or limitations, he shall communicate such
willingness to the applicant in writing, and, if the applicant objects to such conditions,
amendments, disclaimer, modifications of limitation, he shall, within one month from the
date of the communication, apply for a hearing or communicate his considered
objections in writing, and if he does not do so he shall be deemed to have withdrawn his
application. If the applicant does not object to such conditions, amendments, disclaimer,
modifications or limitations, he shall forthwith notify the Registrar in writing and alter his
application accordingly.
30. Decision of the Registrar
(1) The decision of the Registrar at a hearing as in regulation 31 or regulation 32,
or without a hearing if the applicant has duly communicated his considered objections or
considered reply, in writing, and has stated that he does not desire to be heard, shall be
communicated to the applicant in writing, and if the applicant objects to such decision he
may within one month by applying upon Form TM/SM 4 require the Registrar to state in