142
[Subsidiary]
CAP. 506
Trade Marks
[Rev. 2009
notification of such a refusal under the applicable treaty had not
expired; or
(c) the extension of the protection of the trade mark to Kenya was
requested and refused but the proprietor’s remedies to challenge
that refusal had not yet been exhausted.
(2) In this rule, “basic registration” means the registration of a trade
mark in a country, other than Kenya, upon which the international registration
is based.
Application to
transform to Kenyan
registration.
Automatic
registration.
Continuation
of unfinished
proceedings.
Pending applications.
18. (1) The proprietor of an internationally registered trade mark which
is cancelled may apply to have the international registration transformed to a
Kenyan registration.
(2) An application under paragraph (1) shall be made to the Registrar in
form TM (International) 1.
19. If an application for a transformation is made in the circumstances
described in rule 13 (1) (a), the application to transform the international
registration shall be granted and the trade mark shall be registered.
20. If an application for a transformation is made in the circumstances
described in subparagraph (b) or (c) of rule 13 (1), the application to transform
the international registration shall be dealt with under the Trade Marks Rules as
though it were an application under those Rules subject to the following
(a) If the international application had been advertised under rule 8 (b),
that advertisement shall be deemed to have been an advertisement
of the application under the Trade Marks Rules;
(b) Any steps or proceedings taken under these Trade Marks Rules
with respect to the extension of protection to Kenya before the
international registration was cancelled shall be deemed to have
been taken with respect to the transformation application and any
such proceedings that have not been completed shall be continued
under the Trade Marks Rules.
Part V - Pending Applications
21. (1) Any international registration in respect of which an application
is pending before the institute at the time of the coming into operation of these
Rules shall
(a) where the period of notice prescribed under the applicable treaty
has expired, be entered into the register maintained under Rule
14; and
(b) where the period referred to in subparagraph (a) has not expired,
be examined by the Registrar in accordance with these Rules.