Rev. 2009]
Trade Marks
CAP. 506
85
[Subsidiary]
for an order expunging or varying an entry in the register of or relating to a certification trade
certification trade mark, or varying the relevant deposited regulations, shall be mark entries by the
made in form TM 35 and shall include full particulars of the grounds on which court.
the application is made.
Alteration of Certification Trade Mark Regulations
94. (1) An application by the registered proprietor of a certification Alteration of
trade mark for an alteration of the deposited regulations shall be made in form regulations.
L.N. 146/2003.
TM 34.
(2) Where the Registrar causes such an application to be advertised, the
time within which any person may give notice to the Registrar of opposition to
the application shall be thirty days from the date of the advertisement.
Collective Trade Marks
94A. (1) An application to the Registrar for registration of a collective Application for
registration.
trade mark under section 40A (1) of the Act shall be in form TM 2.
L.N. 146/2003.
(2) These Rules shall apply, with necessary modifications, to an
application for registration of a collective trade mark as they apply to an
application for an ordinary trade mark.
Registered Users
95. An application to the Registrar for the registration under section 31 Application for entry
of the Act of a person as a registered user of a registered trade mark shall be of registered user.
made by that person and the registered proprietor in form TM 48.
96. (1) The entry of a registered user in the register shall state the date Entry and
on which it was made; and in addition to the trade or business address of the notification.
registered user it may include an address for service, if an application by him L.N. 146/2003.
in form TM 32 therefor has been approved.
(2) A notification in writing of the registration of a registered user shall
be sent to the registered proprietor of the trade mark, to the registered user and
to every other registered user whose name is entered in relation to the same
registration of a trade mark, and shall be inserted in the Journal or Kenya
Gazette.
97. An application by the registered proprietor of a trade mark for
the variation of the registration of a registered user of that trade mark under
paragraph (a) of subsection (8) of section 31 of the Act shall be made on form
TM 49, and shall be accompanied by a statement of the grounds on which it
is made and, where the registered user in question consents, by the written
consent of that registered user.
Registered
proprietor’s
application to vary
entry.
Application by
98. An application by the registered proprietor or any registered user registered proprietor
of a trade mark for the cancellation of the registration of a registered user of or user to cancel
that trade mark under paragraph (b) of subsection (8) of section 31 of the Act entry.
shall be made in form TM 50, and shall be accompanied by a statement of the