34
CAP. 506
Trade Marks
[Rev. 2009
(2) The provisions of section 29 shall have effect, in relation to
a trade mark registered under the power conferred by subsection (1) of
this section, as if for the reference, in paragraph (a) of subsection (1) of
that section, to intention on the part of an applicant for registration that
a trade mark should be used by him there were substituted a reference
to intention on his part that it should be used by the corporation or
licensee concerned.
(3) The court or the Registrar may, as a condition of the exercise
of the power conferred by subsection (1) in favour of an applicant who
relies on intention to assign to a corporation as aforesaid, require him
to give security for the costs of any proceedings before the court or the
Registrar relative to any opposition or appeal, and in default of such
security being duly given may treat the application as abandoned.
(4) Where a trade mark is registered in respect of any goods
under the power conferred by subsection (1) in the name of an applicant
who relies on intention to assign to a corporation as aforesaid, then,
unless within such period as may be prescribed, or within such further
period not exceeding six months as the Registrar may on application
being made to him in the prescribed manner allow, the corporation has
been registered as the proprietor of the trade mark in respect of those
goods, the registration shall cease to have effect in respect thereof at
the expiration of that period, and the Registrar shall amend the register
accordingly.
Use of one of
associated or
substantially
identical trade marks
equivalent to use of
another.
4 of 2002.
Use of trade mark for
export trade.
5 of 1994, s. 19.
33. (1) Where under this Act use of a registered trade mark is
required to be proved for any purpose, the court or the Registrar may,
if and so far as the court or the Registrar thinks right, accept use of a
trade mark with additions or alterations not substantially affecting its
identity, as an equivalent for the use required to be proved.
(2) The use of the whole of a registered trade mark shall for the
purposes of this Act be deemed to be also a use of any registered trade
mark, being a part thereof, registered in the name of the same proprietor
by virtue of subsection (1) of section 24.
34. The application in Kenya of a trade mark to goods to be
exported from Kenya, and any other act done in Kenya in relation to
goods to be so exported or services to be performed outside which, if
done in relation to goods to be sold or otherwise traded in Kenya or
services to be performed within Kenya would constitute use of a trade
mark therein, shall be deemed to constitute those goods or services
for any purpose for which such use is material under this Act or at
common law.