140
[Subsidiary]
CAP. 506
Trade Marks
[Rev. 2009
Part III - International Applications Designating Kenya
Application of part.
8. This Part shall apply with respect to an application for international
registration of a trade mark that requests the extension of protection to
Kenya.
Initial examination.
9. Upon being notified of an application by the International Bureau, the
Institute shall examine the application and either
(a) notify the International Bureau that protection for the trade mark
is refused if there are grounds for doing so under the applicable
treaty; or
Applicant’s rights on
refusal after initial
examination.
Opposition.
Refusal to be in
accordance with
treaty, etc.
Partial refusal.
Supplementary
(b) advertise the application in accordance with the Trade Mark
Rules.
10. (1) If the Institute notifies the International Bureau, under rule 8 (a),
that protection for the trade mark is refused the applicant shall have the same
remedies under the Trade Marks rules as he would have if the application was
an application thereunder made directly to the Institute.
(2) If, as a result of the applicant pursuing his remedies under paragraph
(1), the refusal is withdrawn, the Institute shall advertise the application under
rule 9 (b).
11. (1) Any person may, within sixty days of the advertisement of an
application under rule 9 (b), give notice to the Registrar of opposition to the
intended registration.
(2) The Registrar shall, upon receiving a notice of opposition under this
Rule, give notice of the same to the International Bureau, indicating the main
grounds contained therein.
(3) The provisions of the Trade Marks Rules shall, with necessary
modifications, apply to a notice served under this rule.
(4) If it is determined, based on grounds under the applicable treaty,
that the trade mark should be refused protection, the Institute shall notify the
International Bureau that protection for the trade mark is refused.
12. In refusing protection for a trade mark under rule 8 (a) or 10 (3), the
Institute shall act in accordance with the applicable treaty and the regulations
under that treaty.
13. If protection is refused with respect to some, but not all, of the goods
or services for which protection is sought, this Part shall apply, with necessary
modifications, as though there were two applications, one with respect to the
goods or services for which protection was refused and one with respect to the
goods or services for which protection was refused.
14. (1) The Registrar shall maintain a Register to be known as the