84
[Subsidiary]
Advertisement of
certain applications.
L.N. 146/2003.
Certificates of
validity to be noted.
L.N. 146/2003.
CAP. 506
Trade Marks
[Rev. 2009
the circumstances in which the application is made.
87. Where application is made in form TM 23 to enter a disclaimer or
memorandum relating to a trade mark, the Registrar, before deciding upon such
application, shall advertise the application in the Journal or Kenya Gazette in
order to enable any person desiring so to do to state, within thirty days of the
advertisement, any reasons in writing against the making of the entry of the
disclaimer or memorandum.
88. Where the court has certified under section 47 of the Act with regard
to the validity of a registered trade mark, the registered proprietor thereof may
request the Registrar in form TM 47 to add to the entry in the register a note
that the certificate of validity has been granted in the course of the proceedings,
which shall be named in the form; an office copy of the certificate shall be sent
with the request, and the Registrar shall so note the register and publish the
note in the Journal or Kenya Gazette.
Applications to Alter Registered Trade Marks
Alteration of
registered mark.
L.N. 146/2003.
89. Where a person desires to apply under section 38 of the Act that his
registered trade mark may be added to or altered, he shall make his application
in writing in form TM 24.
Advertisement before
decision.
L.N. 146/2003.
90. (1) The Registrar shall consider the application and shall, if it appears
to him to be expedient, advertise the application in accordance with rule 45 and
rules 43, 44 and 45A shall apply with necessary modifications.
(2) Any person may, within thirty days after the date of the advertisement
of the application, give notice in form TM 6 to the Registrar of opposition to the
application and rules 47 to 57 shall apply with necessary modifications.
(3) The Registrar shall send the duplicate notice, and the duplicate of any
further statement of objections, to the applicant, and the provisions of rules 48
to 57 shall apply mutatis mutandis to the further proceedings thereon; and in
any case of doubt any party may apply to the Registrar for directions.
Decision of Registrar.
L.N. 146/2003.
91. If the Registrar decides to allow the application he shall add to or
alter the mark in the register, and if the mark so added to or altered has not
been advertised under rule 90 he shall advertise it in the Journal or Kenya
Gazette, and in any case shall insert in the Gazette a notification that the mark
has been altered.
Advertisement.
L.N. 146/2003.
92. If the Registrar is of the opinion that an advertisement describing
the addition or alteration to the trade mark would not likely be understood by
persons interested in the matter, the Registrar may make a requirement under
rule 43.
Court Orders for Rectification of Certification Trade Mark Entries and
Regulations
Rectification of
93. An application on any of the grounds mentioned in paragraph 4
of the First Schedule to the Act, made by an aggrieved person to the court