Rev. 2009]
Trade Marks
CAP. 506
person whom the Registrar may consider to be interested in the transfer, shall
consider the matter and issue a certificate thereon or a notification in writing
of approval or disapproval thereof, as the case may be.
81
[Subsidiary]
(4) Where a statement of case is amended, two fair copies thereof in its
final form shall be left with the Registrar.
(5) The Registrar shall seal a copy of the statement of case in its final
form to the certificate or notification.
80. (1) An application to the Registrar under subsection (7) of section Registrar’s directions
25 of the Act shall be made by the assignee in form TM 41, and shall state the for advertisement of
date on which the assignment was made.
assignment without
goodwill of trade
(2) The application shall give particulars of the registration in the case mark in use.
of a registered trade mark, and, in the case of an unregistered trade mark, shall L.N. 146/2003.
show the mark and give particulars of the registered trade mark that has been
assigned therewith in accordance with sub-section (3) of section 25.
(3) The Registrar may call for any evidence or further information, and
if he is satisfied with regard to the various matters he shall issue directions in
writing with respect to the advertisement of the assignment.
(4) The Registrar may refuse to consider such an application in a case to
which subsection (6) of section 25 applies unless his approval has been obtained
under the said subsection and a reference identifying the Registrar’s notification
of approval is included in the application.
(5) (Deleted by L.N.146/2003, s.40).
Alteration of Address
81. (1) A registered proprietor or registered user of a trade mark whose Alteration of address
trade or business address is changed so that the entry in the register is rendered in register.
incorrect shall forthwith request the Registrar in form TM 17 to make the
appropriate alteration of the address in the register, and the Registrar shall alter
the register accordingly if he is satisfied in the matter.
(2) A registered proprietor or registered user of a trade mark whose
address for service in Kenya entered in the register is changed, whether by
discontinuance of the entered address or otherwise, so that the entry in the
register is rendered incorrect, shall forthwith request the Registrar in form TM
32 to make the appropriate alteration of the address in the register, and the
Registrar shall alter the register accordingly if he is satisfied in the matter.
(3) A registered proprietor or registered user of a trade mark whose
registered trade or business address or address for service is altered by a public
authority, so that the changed address designates the same premises as before,
may make the request to the Registrar, but in that case no fee shall be payable,
and if he does so he shall leave therewith a certificate of the alteration given
by the authority; and if the Registrar is satisfied as to the facts of the case he