Rev. 2009]
Trade Marks
CAP. 506
Surrender of a Registered Trade Mark
84A. (1) An application to surrender a registered trade mark under section
36A (1) of the Act shall be made to the Registrar-
83
[Subsidiary]
Application to
surrender.
(a) in form TM 21, if the surrender is for all of the goods or services
in respect of which the trade mark is registered; or
(b) in form TM 22, if the surrender is for some of the goods or services
in respect of which the trade mark is registered.
(2) An application under paragraph (1) shall(a) set out the name and address of each person who has a registered
interest in the trade mark; and
(b) include a certification by the proprietor that each person referred
to in subparagraph (a) either(i) has been given notice of the proposed surrender at least ninety
days before the application is made; or
(ii) is not affected by the surrender or has consented to it.
(3) After making the appropriate entries in the Register, the Registrar
shall publish a notice of the surrender in the Journal or Kenya Gazette.
Applications for Alteration of the Register by Correction, Change,
Cancellation or Striking out Goods or for Entry of Disclaimer,
Memorandum or Note (Section 37 (1))
85. (1) An application to the Registrar under subsection (1) of section
37 of the Act for the alteration of the register by correction, or change or for
the entry of a disclaimer or memorandum, may be made by the registered
proprietor of the trade mark or by such person as may satisfy the Registrar that
he is entitled to act in the name of the registered proprietor.
Application under
section 37 (1).
L.N. 42/1995,
L.N. 146/2003.
(2) An application under paragraphs (a), (b) or (e) of section 37 (1) of
the Act shall be in form TM 17, TM 19, TM 20, TM 23 or TM 32, as may be
appropriate.
(3) An application under paragraph (c) or (d) of section 37 (1) of the Act
shall be made in accordance with rule 84A.
(4) For greater certainty, form TM 20 may be used to change the name
of the registered proprietor if the registered proprietor merges with another
corporation and the corporation resulting from the merger has a different
name.
86. In the case of an application as in rule 85, the Registrar may require Evidence.
such evidence by statutory declaration or otherwise as he may think fit as to