Rev. 2009]
Trade Marks
CAP. 506
9
on the personal representative of a deceased person and any other mode
of transfer not being assignment;
“tribunal” means the court or, subject to the provisions of section
53, the Registrar;
(2) Any reference in this Act to the use of a mark shall be
construed(a) as a reference to the use of a printed or other visual
representation of the mark and, in the case of a distinguishing guise, to
the use of such distinguishing guise;
(b) if the mark is capable of being audibly reproduced, as including
a reference to the use of an audible reproduction of the mark;
(c) in relation to goods, as a reference to the use thereof upon or
in physical or other relation to goods; and
(d) in relation to services, as a reference to the use thereof in
relation to the performance of such services.
Appointment of
3. (1) The Director shall be the Registrar of Trade Marks under
Registrar and other
and for the purposes of this Act.
officers.
13 of 1978, Sch.,
(2) The appointment of the officers required for the purposes of 7 of 1990,
this Act shall be made in accordance with the provisions of the Industrial 7 of 2007,
No. 3 of 2001.
Property Act, 2001.
(3) The Registrar shall have a seal of such device as may be
approved by the Minister.
(4) Impressions of such seal or stamp shall be judicially noticed
and admitted in evidence.
(5) Any act or thing directed to be done by or to the Registrar may
be done by or to the Deputy Registrar of Trade Marks or any Assistant
Registrar of Trade Marks.
(6) The Minister may, on the recommendation of the Board,
whenever he deems it necessary or appropriate, appoint an advocate of
the High Court of Kenya with at least seven years’ working experience
in matters relating to intellectual property, to assist the Registrar in the
performance of any of the functions or the exercise of any of the powers
conferred upon the Registrar under this Act with respect to the conduct
of hearings relating to opposition to applications for registration or