Rev. 2009]
Trade Marks
CAP. 506
139
[Subsidiary]
THE TRADE MARKS (INTERNATIONAL REGISTRATION)
RULES, 2003
L.N. 145/2003.
Part I - Preliminary
1. These Rules may be cited as the Trade Marks (International
Registration) Rules, 2003.
2. In these Rules, unless the context otherwise requires
“applicable treaty” means whichever between the Madrid Agreement or
the Madrid Protocol which applies to the registration;
“international registration” means registration with the International
Bureau under the Madrid Agreement or the Madrid Protocol;
“Trade Marks Rules” means the rules of that name made under the
Act;
3. The forms set out in the First Schedule shall be the prescribed forms
for the purposes of these Rules.
4. The prescribed fees for purposes of these Rules shall be as set out in
the Second Schedule.
5. The Institute shall be the office for Kenya for the purpose of the
Madrid Agreement and the Madrid Protocol and, in carrying out that function,
the Institute shall comply with the Madrid Agreement and the Madrid Protocol
and the regulations made under those treaties.
Part II - Application In Kenya For International Registration
6. (1) A person who is a proprietor of a registered trade mark, or who
has applied for the registration of a trade mark, may file an application for
international registration of the trade mark with the Institute if, under the
applicable treaty, the person is entitled to do so.
(2) An application under paragraph (1) shall be made in accordance with
the applicable treaty and shall be accompanied by the prescribed fee payable to
the Institute and the applicable fees under the applicable treaty.
7. (1) The Institute shall examine the application for international
registration and, if it complies with the requirements under the applicable
treaty, forward the application together with the applicable fees, if any, to the
International Bureau.
(2) The expenses incurred by the Institute in forwarding the application
to the International Bureau shall be met by the applicant.
Citation.
Definitions.
Forms.
Fees.
Institute to be office
for Kenya.
Application.
Examination and
forwarding by
Institute.