Rev. 2009]
Trade Marks
CAP. 506
27
or otherwise traded in, or services to be performed, in another place or
other places in Kenya:
Provided that, on application in the prescribed manner by the
proprietor of a trade mark who proposes to assign it, or of a person who
claims that a trade mark has been transmitted to him or to a predecessor
in title of his on or after the appointed day, in any such case, the Registrar,
if he is satisfied that in all the circumstances the use of the trade marks
in exercise of those rights would not be contrary to the public interest,
may approve the assignment or transmission, and an assignment or
transmission so approved shall not be deemed to be, or to have been,
invalid under this subsection or under subsection (4), so, however, that
in the case of a registered trade mark this provision shall not have effect
unless application for the registration under section 28 of the title of the
person becoming entitled is made within six months from the date on
which the approval is given or, in the case of transmission, was made
before that date.
(7) Where an assignment in respect of any goods of a trade mark
that is at the time of the assignment used in a business in those goods
is made, on or after the appointed day, otherwise than in connexion
with the goodwill of that business, the assignment shall not take effect
until the following requirements have been satisfied, that is to say, the
assignee must, not later than the expiration of six months from the date
on which the assignment is made or within such extended period, if any,
as the Registrar may allow, apply to him for directions with respect to
the advertisement of the assignment, and must advertise it in such form
and manner and within such period as the Registrar may direct.
(8) Any decision of the Registrar under this section shall be subject
to appeal to the court.
26. (Repealed by 4 of 2002, s.6.)
27. Subject to the provisions of this Act, the person for the time Power of registered
being entered in the register as proprietor of a trade mark shall, subject proprietor to assign
to any rights appearing from the register to be vested in any other person, and give receipts.
have power to assign the trade mark, and to give effectual receipts for
any consideration for an assignment thereof.
Registration of
28. (1) Where a person becomes entitled by assignment or
assignments and
transmission to a registered trade mark, he shall make application to transmissions.
the Registrar to register his title, and the Registrar shall, on receipt of 5 of 1994.
the application and on proof of title to his satisfaction, register him as
the proprietor of the trade mark in respect of the goods or services in
respect of which the assignment or transmission has effect, and shall
cause particulars of the assignment or transmission to be entered on