Rev. 2009]
Trade Marks
CAP. 506
29
(ii) goods associated with those services or services of that
description, being services, or as the case may be, goods
in respect of which the trade mark is registered;
(2) Where in relation to any goods or services in respect of which
a trade mark is registered (a) the matters referred to in paragraph (b) of subsection (1) of
this section are shown so far as regards non-use of the trade
mark in relation to goods or services to be sold, or otherwise
traded in, in a particular place in Kenya (otherwise than for
export), or in relation to goods or services to be exported to
a particular market; and
(b) a person has been permitted under subsection (2) of section
15 to register an identical or nearly resembling trade mark
in respect of those goods or services under a registration
extending to use in relation to goods or services to be sold,
or otherwise traded in, or services to be performed in that
place (otherwise than for export), or in relation to goods or
services to be exported to that market, or the court or the
Registrar is of opinion that he might properly be permitted
so to register such a trade mark,
on application by that person to the court, or, at the option of the
applicant and subject to the provisions of section 53, to the Registrar, the
court or the Registrar, as the case may be, may impose on the registration
of the first-mentioned trade mark such limitations as the court or the
Registrar thinks proper for securing that that registration shall cease to
extend to the last-mentioned use.
(3) An applicant shall not be entitled to rely for the purposes of
paragraph (b) of subsection (1), or for the purposes of subsection (2), on
any non-use of a trade mark that is shown to have been due to special
circumstances or in relation to particular services and not to any intention
to abandon the trade mark to which the application relates.
30. (1) Where a trade mark consisting of an invented word or Defensive
invented words has become so well known as respects any goods in registration of well
known trade marks.
respect of which it is registered and in relation to which it has been used
that the use thereof in relation to other goods would be likely to be taken
as indicating a connexion in the course of trade between those goods and
a person entitled to use the trade mark in relation to the first-mentioned
goods, then, notwithstanding that the proprietor registered in respect of
the first-mentioned goods does not use or propose to use the trade mark
in relation to those other goods and notwithstanding anything in section