Rev. 2009]
Trade Marks
CAP. 506
Consul, or a notary public, or before a judge or magistrate.
89
[Subsidiary]
113. Any document purporting to have affixed, impressed or subscribed Presumption as to
thereto or thereon the seal or signature of any person authorized by rule 112 to seal of officer taking
take a declaration in testimony that the declaration was made and subscribed declaration.
before him may be admitted by the Registrar without proof of the genuineness
of the seal or signature or of the official character of the person or his authority
to take the declaration.
Search
114. (1) Any person may request the Registrar to cause a search to be
made in respect of specified goods and services to ascertain whether any mark
is on record that resembles a trade mark provided by the person.
Searches.
L.N. 42/1995,
L.N. 146/2003.
(1A) An application under paragraph (1) shall be in form TM 27 and shall
be accompanied by duplicate representations of the trade mark.
(2) The Registrar shall cause such a search to be made and the person
making the request to be informed of the result thereof.
Copies
115. A person who wishes to obtain a copy of a document kept by the
Registrar shall use form TM 54.
Copies of documents.
L.N. 146/2003.
116. (Deleted by L.N. 146/2003, s.61).
Appeals to the Court
117. When a person intends to appeal to the court, the appeal shall be Appeal to court.
made by motion in the usual way, and no such appeal shall be entertained unless
notice of motion is given within sixty days from the date of the decision appealed
against or within such further time as the Registrar shall allow.
Applications to and Orders of the Court
118. Every application to the court under the Act shall be served on the
Registrar.
119. (1) Where an order has been made by the court in any case under
the Act, the person in whose favour the order has been made, or such one of
them if more than one, as the Registrar may direct, shall forthwith leave at the
office an office copy of the order, together with form TM 46, duly completed,
if required.
(2) The register may, if necessary, thereupon be rectified or altered by
the Registrar.
120. Whenever an order is made by the court under the Act, the Registrar
may, if he thinks that the order should be made public, publish it in the Journal
or Kenya Gazette.
Applications to court.
Order of court.
Publication of order
of court.
L.N. 146/2003.