World Intellectual Property Organization

Kenya

The Trade Marks Rules

 

 


SUBSIDIARY LEGISLATION

Rules under sections 39 and 41

THE TRADE MARKS RULES

ARRANGEMENT OF RULES

Rule' 'Preliminary

I-Short title.

2-Interpretation.

Fees and Forms

3-Fees.

4-Forms.

Classification of Goods

S-elassification of goods.

Reclassification of Goods of Old Registrations

6-Appli6atT~n by registered proprietors for conversion of specification. 7-Advertisement of proposal. 8-Conversion of specifications.

Documents

9----':Size, etc., of documents. IO-Signature of documents by partnerships, companies and associations. l l-e-Service of documents.

Address

I2-Address.

I3-Address for service.

Agents

I4-Agency.

Registrable Trade Marks and Preliminary Advice (Section 43)' .

IS-;Registrable trade marks.
16-Flags, emblems, arms, etc.
I7-Arms of city, etc.
I8-Living persons or persons recently dead.
19--Name or description of goods
on-a trade mark.
20-Preliminary advice by Registrar as to distinctiveness.

Rule Application for Registration of a TradeMark

21-Form of application.
22-Representation of mark..
23-Additional forms and representations,
24-Representations to be durable.
25-Separate applications.
26-Representations to be satisfactory.
27-Speciinens of trade marks
in exceptional cases.
28-Series of trade marks.
29-Transliteration and translation.

Procedure on Receipt of Application for. Registration of a Trade Mark

3D-Search.
31-Registrar's powers on application.
32-0bjection by Registrar.
33-Conditions by Registrar'.
34-Decision of Registrar,
35-Disclaimer.

Defensive Trade Marks

36-Application under section 30.

Certification Tracie Marks

37-Application under section 40.
38-Authorization to proceed.
39-Case; draft regulations.
40-Rcgulations and application to be open to inspection',
41-Registrar's refusal.

Advertisement of Application

42-Advertisement of application.
43-Printing block.
44-'Advertisement of series,
45-Advertisements under section '21
(10) and section 38 (2) and (4).
45A-Reim·bursement for advertisements.

Opposition to Registration

46-0pposition.
47-Notice of opposition.
48-Counter-statemen
t.
49-Evidence in support of opposition.
50-Evidence in support of application.
51-Evidence in reply by opponent.
52-Further evidence.
52A-Abandonment of application or opposition.
53-Exhibits.
54-Hearing.
55-Extension of time.
56-Security
for costs.
57-Costs
-in uncontested case.
58-Opposition to application under section 40.

N on-completion

59-Nan-completion of registration.

Rule 'Entry in the Register, and Associated Marks

.60-Entry in register.
61-..:..Associated marks.
62-Deatb of applicant before registration.
63--eertificate of
registration.

Renewal

64-Renewal of registration.
65-Notice before removal of trade mark from register.
66-Second notice..
67-Adveliisement of non-payment.
68-Removal of trade mark from register.

Restoration.
69-Record of removal of mark.
7D--Notice and advertisement of renewal and restoration.

Assignments and Transmissions

71-Joint application for entry of assignment.or transmission, 72-Application for entry of assignment or transmission by subse

quent proprietor. 73-Particulars to be stated in application. 74-Case accompanying application. 75-Proof of title. 76--:-Application for entry of assignment without goodwill. 77-Entry in register.. 78-Separate registrations. 79-Registrar's certificate -or.approval as to certain assignments and

transmissions. 8Q--Registrar's directions for advertisement of assignment without goodwill of trade mark in use.

Alteration of Address

81-Alteration of address in register.

Applications to the Registrar for Rectification (Sections 29, 30, 35 and 36)

~2-Application to rectify or .rernove a trade mark from the register.
83-Further procedure.
84-Intervention by third parties.

Applications for Alteration of the Register by Correction, Change, Cancellation or Striking Out Goods lor for Entry of Disclaimer, Memorandum or Note (Section 37 (1))

85-Application under section 37 (1).
86-Evidcnce.
87-Advertisement of certain applications.

'S8-certificates of validity to be noted.

Applications to Alter Registered Trade Marks

89-A.lteration of registered mark.
9O-Advemsement before decision.
91-Decision of Registrar.
92-Advertisement illustration.

[Subsidiary]

Court Orders for Rectification 0/ Certification. Rule Trade Mark Entries and Regulations

93-Rectification of certification trade mark entries by the court.

A Iteration 0/ Certification Trade Mark Regulations

94-Alteration of regulations.

Registered U.sers

95-Application for entry of registered user.
96-Entry and notification.
97-':-Registered proprietor's application to vary entry.
98-Application
by registered proprietor or user to cancel entry.
99-Application by any person to cancel entry.

1Oo-Notification and hearing.
10I-Registered user's
application to correct error or enter change.

Extension 0/ Time

lOZ-Extension of time.

. Discretionary Power

103-Hearing. I04-AppIication for hearing. 105-Notice of hearing. I06-l'{otification of decision.

'Power to Dispense with Evidence

107-Dispensing with evidence,'

Amendments

lOS-Amendments of documents.

Certificates

109-Certificates by Registrar. 110-?\1arks registered without limitation of colour. -Ill-Certificates for use in obtaining registration abroad.

Declarations

112-Person before whom declaration is to be taken. 113-Presumption as to seal of officer taking declaration,

Search

114-Searches.

Textile Goods 115-Textile goods.

Metal Goods

116-Metal goods.

Appeals to the Court

I17-Appeal to court.

Applications to and Orders of the Court

II8-Applications to court. 119-or"der of court. lZo-Publication of order of court.

ScHEDULES.

TIllE TRADE MARKS RULFS

Preliminary

  1. These Rules may be cited as the Trade Marks Rules.
  2. In these Rules, except where the context otherwise requires

"agent" means an advocate, and any person who before the appointed day was a Trade Mark Agent recognized by the Registrar;

"the office-, means the office of the Registrar;

"specification" means the designation of goods in respect of which a trade mark, or a registered user of a trade mark, is registered or proposed to be registered.

Fees and Forms

.,

3.. The fees to be. paid .in relation to trade marks shall be those prescribed in the First Schedule.

4. The forms referred to herein are the forms c;ontained in the Fourth Schedule, and those forms shall be ·used in all cases to which they are applicable and shall he modified as directed by the Registrar to 'meet other cases.

Classification of Goods

5.. (1) For the purposes of trade marks registrations dated before the appointed day, and of registrations of registered users thereunder, goods are classified in the manner appeajing in the Second Schedule, unless any specification .has 'been ·converted to the Third Schedule in accordance with rule 6.

(2) For the purposes of trade marks registrations dated on or after the appointed day, and of registrations of registered users thereunder, and for the purposes of any registrations dated before that day whereof the specifications have been converted in accordance with rule 6, goods are classified in the manner appearing in the Third

Schedule.

Re-Classification of Goods of Old Registrations

6. (1) Where the specification of a registered trade mark is founded on the Second Schedule, the registered proprietor may apply to the Registrar in Form TM 43. for the conversion of that specification so that it may be founded on the Third Schedule, whether with or without the striking-out of goods therefrom, hut so that the registration retains its original date, and shall include in the application a request for the same conversion of the specification of the goods of any registered users under that registration.

(2) Thereupon .the Registrar in accordance with subsection (3) of section 39 of the Act shall' u9ii,fy' in ,. writing to the registered proprietor a proposal showing .the form which, in the Registrar's view, the amendment of. theregistershould take,

[Subsidiary]

L.N. 5751\1956, L.N.454/1959,

LlN.44/1970,

L.'N.13·8/1971,

L.N. l~l/l975.

Short title.

Interpretation.

Fees.

Forms.

Classlfication of goods.

Application by

.registered proprietors for conversion of specifcations.

Advertisement of proposal.

Con version of specifications.

Size, etc., of

documents.

Signature of documents by

partnerships, companies and associations.

(3) Two or more registrations of a trade mark in respect of goods falling within the same class of the Third Schedule, haying the same date of registration, may be amalgamated upon conversion in accordance with this rule.

7. (1) The advertisement of a proposal for amendment under subsection (3) of sec'tion 39 of .the Act shall be made in the Gazette, and a notice of any opposition shall be given in form TM 44 within one month from the date of the advertisement, and shall be accompanied by a duplicate of the notice and by ,a statement in duplicate showing how the proposed amendment would be contrary to subsection (2) of that section.

(2)
The Registrar shall forthwith send the duplicate copies to tbe registered proprietor who may, within one month from the receipt of such duplicates, send to the Registrar a counter-statement setting out fully the grounds on which the opposition is contested and If he does so he shall deliver to the opponent a copy thereof.
(3)
The Registrar may thereupon require or admit evidence directed to the questions in issue, and if so desired by either party he shall, before deciding the matter, give the parties an opportunity of being heard thereon.

8. (1) When a proposal for the conversion of a specification in accordance with rule 6 has been advertised and has not been opposed.' and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, nhe Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon and published subsequently in the Gazette. and shall enter in the register the date when such entries were made.

(2) The expression "the expiration of the last registration" shall
have regard to the same date in the case of all the resulting entries
for the purpose of determining the next renewal thereof in accordance
with section 23 of the Act as it had 'with regard to the registration
before conversion.

Documents

  1. Subject to any other directions that may be given by the Registrar, all applications, notices, counter-statements, papers baving representations affixed or other documents authorized or required by the Act or these Rules to be 'made, left or sent, a t or 10 the office or with or to the Registrar or the court, shall ·be on foolscap paper of a size approximately 13 inches by 8 inches, and shall have on the lefthand part thereof a margin of not less than 1t inches.
  2. (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full arid shall be signed by all the partners or by any qualified partner stating that he signs on behalf of the partnership, or by any other person who satisfies the Registrar that he is authorized to sign the document.

(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary' or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorized to sign the document.

[Subsidiary]

(3) A document purporting to be signed association of persons may be signed by any the Registar to be duly qualified. for or on behalf of an person who appears to
11. (l) All applications, notices, statements, papers having representations affixed or other documents authorized or required by the Act or these Rules to be made, left or sent, at or to rhe office, or with or to the Registrar or the court or any other person, may be sent through the post by a prepaid or official paid letter. Service of documents.
(2) Any application or any document so sent shall be deemed to have been made. left or sent at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving the sending it shall be sufficient to prove that the letter was properly addressed and put into the post.
Address
, 12. (1) \Vhere any person is by the Act or these Rules bound to furnish the Registrar with an address, the adress given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business of the person whose address is given. Address.
(2) The Registrar may require the address to include the the street and the plot number in the s~reet of the premises. name of
13. (1) The Registrar may require an applicant, opponent or agent, or a registered proprietor or registered user of a trade mark, who does not reside· or ca rry on business within Kenya to give an address for service within. Kenya, and that address may be treated as the actual address of that person for all purposes connected with the matter in question. Address for service.
(2) Any registered proprietor or registered user of a trade mark, or any person about to be registered as such, may give in form TM 32 an address for service for entry in the register, and such address may be entered by the Registrar.
(3) All applications in form 'TM 32 under this rule shall be signed by the applicant for registration or the registered proprietor or registered user, as the case may be, or by an agent expressly authorized by, him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.
(4) In any case in which no address lor service is entered in the register, the Registrar may treat the trade or business address of the registered proprietor or registered user as therein entered as his address for service for all purposes connected with the registration.
(5) Any written communication addressed to a party or person as aforesaid at an address given by him, or treated by the Registrar, as his address for service shall be deemed to be properly addressed.
(6) The Registrar, at any time that a doubt arises as to the continued availability of an address for service entered in the register, may request the person for whom it is entered, by letter addressed to-his trade or business address in the register. to confirm the address for service. and if within three months of making such a request the Registrar receives no confirmation of that address he may strike it off the register.

Agency.

Registrable

trade marks.

Flags, emblems, arms, etc.

Cap. 99.

Agents

14. (1) Except as otherwise required by" these Rules, any application, request or notice which is required or permitted by the Act or these Rules to be made or given to the Registrar or the court, and all other communications between an applicant or a person making such a request or giving such a notice and the Registrar, or the court, and between the registered proprietor or a registered user of a trade mark and the Registrar or the court or any other person, .may be signed, made or given by or through an agent.

(2)
Any such applicant. person 'making request or giving notice, proprietor or registered User may appoint .an agent to act for him in any proceeding or matter before or affecting the Registrar or the court under the Act and these Rules by signing and sending "to' the Registrar or the court, as the case may be. an authority to that effect in form TM 1 or in such other written form as the Registrar or the court may deem sufficient.
(3)
In case of such appointment. service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person so appointing him, all communications directed to be made to that person In respect of the proceeding or matter may be addressed to the agent, and all attendances upon the Registrar relating thereto may be made by or through the agent.
(4)
In any particular case the Registrar may require the 'personal signature or presence of an applicant, opponent, proprietor, registered user or other person.

Registrable Trade Marks and Preliminary Advice (Section 43)

15. (l) The Registrar may refuse to accept any application for the registration of a mark upon which any of the following appear

(0)
the words "Patent", "Patented". "Registered", "Registered Design", "Copyright". "Entered at Stationer's Hall" or "To counterfeit this is a forgery", or words to similar effect;
(b)
representations of the Head of State of any foreign ~~te, or any colourable imitation thereof;
(c)
the words "Red Cross". or "Geneva Cross", and representations of the Geneva and other crosses in red. or of the Swiss Federal cross in white on a red ground or silver on a red ground, or such representations in a similar colour' or colours.
(2)
Where there appears in a trade mark the registration of which is applied for a representation of a cross in any colour. not being one of rthose mentioned in .subparagraph (c) of paragraph (1), the Registrar may -require the applicant as a condition of acceptance to undertake not to use the cross device on red, or in white on a red ground .or silver on a red ground, O!J in any similar colour or colours.

16. Representations in any form 'Of any of the following, or any device so nearly resembling them as to be likely to lead to rnistake, may not appear on trade marks the registration of which is 'applied

fu~ ..

(a)
without. the written permission of the competent authority, any specified. emblem, .. specified likeness or speoified name within the meaning of section 2 of the National. Flag, Emblems and Names Act;
(b)
without the written permission of Ithe competent authority, any honour or award, or any title or abbreviation of a title thereof, created by the President;
(c)
any armorial bearing, insignia or flag of any foreign state or international intergovernmental organization;
(d)
any honour or award, or any title or abbreviation of a title thereof, of any foreign state;
(e)
any title or abbreviation thereof of any international intergovernmental .organization,
  1. Where a representation in any form of the armorial bearings, insignia, orders of chivalry, decorations or flags of any city, borough, town, place, society, body corporate, institution or person appears on a mark, the Registrar, before proceeding to register the mark, may require to be furnished 'with a consent to the registration and use of those emblems from such official or other person as appears to the Registrar to be entitled to give consent, and in default of that consent he may refuse to register the mark.
  2. Where the 'name or representation of any person appears on a trade mark, the Registrar may require, before proceeding to register the mark to be furnished with consent from him or, in the case of a person recently dead, from his legal representatives, and in default of that consent he may refuse to register the mark.
  3. (1) Where the name or description of any goods appears on a trade mark, the Registrar may refuse to register the mark in respect of any goods other than the goods so named or described.

(2) Where the name or description of any goods appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods.

20. (1) A person who' proposes to apply for the registration of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Registrar in form TM 28 or in form TM 27 in a case where he is also making an application under rule 114 for advice as to whether the trade mark, of which duplicate representations shall accompany the form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 12, or' inherently capable of distinguishing within the meaning of section 13, of the Act in relation to those goods, and shall apply separately it! relation to goods comprised within different classes of goods in the Third Sched ule to these Rules.

(2) A notice of withdrawal of an application for the registration of a trade mark given under subsection (3) of section 43 of the Act for the purpose of obtaining repayment of any fee paid on the filing of the application shall be given in writing within two months from the date of the notice of the Registrar's objection.

Application for Registration of a Trade Mark

2 I. (I) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent; for a trade mark other than a certification or defensive trade mark the ap)Jlication

[Subsidiary]

Arms of city, etc.

Living persons or persons recently dead.

Name or description of

goods on a

trade mark.

Preliminary advice by Registrar as to distinctiveness,

Form of application.

Representation

of mark.

Additional. forms and representations.

Representations to be durable.

Separate

applications.

Representations to be satisfactory.

Specimens of trade marks in exceptional cases.

shall be made in form TM 2; fora certification or a defensive trade mark the application shall be made in form TM 5 or form TM 31 respectively; and each application shall be for registration in respect of goods in one class only of the Third Schedule.

(2)
Every application claiming priority under section 67 of the Act shall state the date of the application in the United Kingdom or foreign state, and the applicant shall furnish a certificate by the registrar or other registering authority of that country, or shall otherwise verify the application made or deemed to have been made therein to the satisfaction of the Registrar.
(3)
In the case of an application for registration in respect of all the goods included in a class, or of a large variety of goods, the Registrar may refuse to accept the, application unless he is satisfied that the specification is justified by the use of the mark which the applicant has made, or intends to make if it is registered.

22. (1) Every application for the.registration of a trade mark shall contain a representation of the mark in the space provided on the application form for that purpose.

(2) Where the representation exceeds the space in size) the representation shall be mounted upon linen, tracing cloth or such other material as the Registrar may consider suitable; part of the mounting shall be affixed in the space and the rest may be folded.

  1. There shall be sent with every application for registration of a trade mark at least four additional representations of the mark ·in form TM 3 exactly corresponding to that affixed to the application form and noted with all such particulars as may from time to time be required by the Registrar; and those particulars shall, if required, be signed by the applicant or his agent.
  2. All representations of marks shall be of a durable nature, but the applicant may in case of need supply, in place of representations iri form TM J, representations on sheets of strong paper of the size prescribed in rule 9 and noted.
  3. Applications for the registration of the same mark in different classes shall be treated as separate. and distinct applications, and in all cases where a trade mark is registered under the same official number for goods in more than one.class, whether on conversion of the specification under rule 6 or otherwise, the registration in respect of the goods dncluded in each separate class shall be deemed to be a separate registration for all the purposes of the Act.
  4. The Registrar, if dissatisfied with any representation of a mark, may at any time require another representation satisfactory to him to be 'submitted before proceeding with. the application.
  5. (1) Where a drawing or other representation or specimen cannot be given as prescribed in these Rilles, a specimen or copy of the trade mark may be sent either of. ~u11 size or on a reduced scale, and in such form as the Registrar may think most convenient.

(2) The 'Registrar may also, in exceptional' cases, deposit in the office a specimen or copy .of any trade mark which cannot conveniently be shown by a representation, and may refer thereto in the register in such manneras he may think fit.'

  1. Where application' is made for the registration of a series of trade marks under subsection (2) of section 24 of the Act, a representation of each trade mark of the series shall be included, all as prescribed in these Rules, in' the application form, in the duplicate thereof (if any), and in each of the accompanying forms TM 3.
  2. (1) Where a trade mark contains a word or words in characters other than Roman, then> shall, unless the Registrar otherwise directs, be endorsed on the application form, and on each of the .accompanying form's TM 3. a sufficient transliteration and translation to the satisfaction of the Registrar of each of the words, and every such endorsement shall state the language to which the word belongs and shall be signed by the applicantor his agent.

(2) Where a trade mark contains a word or words in a language other than English. the Registrar may ask for an exact translation thereof together with the name of the language, and the translation and name, if he so requires, shall be so endorsed and signed.

Procedure all Receipt of Application for Registration of a Trade Mark

  1. Upon receipt of an application for the registration of trade mark in respect of any goods. the Registrar shall cause a search to be made amongst the registered marks and pending applications. for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for, or which so nearly resemble it' as to render the mark applied for likely to deceive or cause confusion, and the Registrar may cause the search to be renewed at any time before the acceptance of the application, but shall not be bound to do so.
  2. After a search, and consideration of the application, and of any evidence of use or of distinctiveness or of any other matter. which the applicant mayor may be required to furnish. the Registrar may accept the application absolutely, or he may object to it. or he may express his willingness to' accept it subject to such conditions, amendments, disclaimer, modifications or limitations as he may think right to impose.

'32. If the Registrar objects to the application. 'he shall inform the applicant of his objections in writing, and unless within two months the, applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application.

J 3. (1) If the Registrar is willing to accept the application subject to any conditions, amendments. disclaimer, modifications or limitations, 'he shall communicate his willingness to the applicant in writing, and, if the applicant objects to the conditions, amendments, disclaimer, modifications or limitations, he shall within one month from the date of the communication apply [or a hearing or communicate his considered objections in writing, and if he does not do so Jie shall be deemed to have withdrawn his application.

': (2):If the applicant does not object '10 the conditions, amendments, disclaimer, modifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly.

[Subsidiary]

Series of trade marks.

Transliteration and translation.

Search

Registrar's powers on application.

Objection by Registrar.

Conditions by Registrar.

Dedsionof Registrar.

Disclaimer.

Application

under

section 30.

,Application

under

section 40.

Authorization to proceed.

Case ; draft regulations.

34. (1) The decision of the Registrar, at a hearingunder rule 32 or rule 33, or without a hearing if 'the applicant has duly communicated his' considered objections or considered Teply, in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and If ·the applicant objects to the decision he may within one month, by applying in form TM 4, require the Registrar to state in writing the grounds of, and the materials used by him in arriving at, his decision.

(2) rna case where the Registrar makes any requirements to which the applicant does not object. the applicant shall comply therewith before the Registrar issues the statement in writing; and the' date when the statement is sent to the applicant shall be deemed to be the date of the Registrar's decision for the. purpose of appe~1.

35. The Registrar may call on an applicant to insert in his application such disclaimer as the. Registrar may think fit, in order that the 'public generally may understand what the applicant's rights, if his mark is registered, will be.

Defensive Trade Marks

36. (1): An application for the registration of a defensive trade mark under section 30 of the Act shall be made, addressed and, sen t to the Registrar in form TM 3 l , and shall be ..accompanied by " statement of. case setting forth full particulars of tke facts on which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose' by the Registrar.

(2)
The applicant may send with this declaration, or subsequently, such other evidence as he may desire to furnish, whether after request made by the Registrar or otherwise. and the Registrar shall consider the whole of the evidence before deciding on the application.
(3)
In all other respects, ~nd where they are appropriate and it is not otherwise stated, these Rules shall apply to such applications as they apply to applications for the registration of ordinary trade marks.

Certification Trade Marks'

37. An application for the registration of a certification trade 'mark under section 40 of the Act shall be made to the Registrar in form TM 5, and shall be accompanied by two duplicates' of the application in that form, and' by six additional representations of the trade mark in form TM 3.

. 38. These Rules shall apply Ito applications under rule 37 as they apply' to applications for the registration' of ordinary trade marks, except that the applicant shall not be deemed to have abandoned his application if in the circumstances of rule 32 or rule 33 he does not apply for a hearing or reply in writing.

39. (1) The applicant shall send to the Registrar with his application or when required by the Registrar a case setting out the grounds on which he relics in support of his application together with draft regulations for governing the use of the mark and form TM 33, all being in duplicate.

(2) The Registrar may communicate .to the applicant any observations he may have to make on the sufficiency of the case or the 'suitability of the draft regulations and the applicant may modify either of those documents.

  1. If the Registrar decides to accept the application the regula" tions for governing the use of the mark approved by the Registrar, as well as the form of application, shall be open to -public inspection. '
  2. I f the Registrar decides to refuse to accept the regulations or to accept the regulations subject to conditions, limitations, amendments or modifications, he shall inform the ~pplicant of his objections in writing and shall, if required, hear the applicant.

A dvertisement of A pplication

42. (1) 'An application for the registration of a trade mark required or permitted to be advertised by subsection (1) of section 21-of, or subparagraph (l) of paragraph 2 of the First Schedule to, the Act shall be advertised in 'the Gazette during such times and in such manner as the Registrar may direct.

(lA) Where an application for the registration of a trade mark which has ·been advertised under paragraph (1) is subsequently withdra-wn by -the applicant, that .withdrawal shall be advertised in the Gazette during such times and in such manner as the Registrar may

.direct.

(2)
In the case of an application with which the Registrar proceeds only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant, the words "By "Consent" shall appear in the ad vertisemen 1.
(3)
If no representation of the trade mark is included in the advertisemen t of the application, the Registrar shall refer in the advertisement to the place or places where a specimen or representation of the trade mark is deposited for exhibition.
  1. For the purposes of an advertisement the applicant may at the appropriate time supply or berequired to supply a printing block (or more than one, if necessary) of the trade mark satisfactory to the Registrar, of such dimensions as may Irorn time to time be approved or directed by the Registrar. or shall supply such information or other means of advertising the trade mark as JTIay be required by the Registrar: and the Registrar, if dissatisfied with the printing block supplied by the applicant or his agent, may require a fresh block before proceeding with the advertisement,
  2. When an application relates to a series of trade marks differing from one another in respect of the particulars mentioned in subsection

(2) of section 24 of the AC't, the applicant may be required to supply a printing block (or more than one. if necessary) satisfactory to the Registrar of any or of each of the trade marks constituting the series: or the Registrar may, if he thinks fit, insert with the 'advertisement of the application a statement of the manner in which the several trade marks differ from one another.

45. Advertisements under subsection (I 0) of section 2'1 and subsections (2) and (4) of section 38 of the Act shall mutatis mutandis be ~ade in the same manner as advertisements relating to an application for registration.

45A. The expenses,' costs and charges incurred by or on behalf of the Registrar in effecting any advertisement in connexion with applica tions shall be repaid to the Registrar by the applicant concerned. and the Registrar may refuse to complete any registration until he has received such repayment.

[Subsidiary]

Regulations and application to he open 'to inspection.

Registrar's
refusal.

Advertisement of application.

Printing block.

Advertisemen t
of series.

Advertisements
under section 2 J

(10) and section 38 (2) and (4),

Reimbursement for advertisernen ts. ' Opposition.

Notice of opposition.

Counter
statement.

Evidence in
support
of
opposition.

Evidence in
support of
application.

Evidence in
reply by
opponenL

Further evidence.

Abandonment of application or opposition.

Opposition 10 Registration

  1. Any person may, within sixty days from the date of any advertisement in the Gazette of an application for registration of a trade mark, give notice in form Tl\1 6 to the Registrar of opposition to the registration.
  2. (1) The notice shall include a statement of the grounds upon which the opponent objects to the registration.
(2)
If registration' is opposed on the ground that the mark resembles marks already on the register, the numbers of those trade marks and the numbers of the Gazettes in which they have been advertised shall be set out.
(3)
The notice shall be accompanied by a duplicate, which the Registrar shall forthwith send to the applicant.

48. Within forty-two days from .the receipt of the duplicate the applicant shall send to the Registrar a counter-statement in form T~1 7 setting out the grounds on which he relies as supporting his application.

(2)
The' applicant shall also set out what facts, if any, alleged in the notice of opposition he admits.
(3)
The counter-statement shall be accompanied by a duplicate.
  1. Upon receipt of .the counter-statement and duplicate the Registrar shall forthwith send the duplicate to the opponent, and within forty-two days from the receipt of the duplicate tbe opponent shall leave with the Registrar such evidence by way of statutory declaration as he may desire to adduce in support of his opposition and shall deliver to the applicant copies thereof.
  2. If an opponent lea ves no evidence, be shall, unless the Registrar otherwise directs, be deemed to have abandoned his opposition, but, if he does leave evidence, then, within forty-two days from the receipt of the copies of declarations, the applicant shall leave with the Registrar such evidence by way of statutory declaration as he desires to adduce in support of his application, and shall deliver to the opponent copies thereof.

5 I. \Yitbin one month from the receipt by the opponent of the copies' of the applican t's declarations the opponen t may leave with the Registrar evidence by statutory declaration in reply, and shall deliver to the applicant copies thereof; this evidence shall be confined to matters strictly in reply.

52. No further evidence shall be left on either side, but, in any proceedings before the Registrar, he may at any time give lea ve to either the applicant or the opponent to leave any evidence upon such terms ~IS to costs or otherwise as he may think fit.

52A. If the applicant or opponent fails to furnish the required coun ter-st.i tcmcn t or evidence in support within the times prescribed by rules 4t> to 52: the application or opposition. as the case may be, shall be deemed to be abandoned and the Registrar may proceed to make an a ward of costs.

53. (1) Where there are exhibits to declarations filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request and at his expense, or, if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Registrar in order that they may be open to inspection.

(2) The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.

54. (1) Upon completion of the evidence, the Registrar shall give notice to the parties of a date when he will hear the arguments in the' case.

(2)
An appointment shall be for n date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice.
(3)
Within seven days from the receipt of the notice any party who intends to appear shall so notify the Registrar in form TM 8.
(4)
A party who receives notice and who does not, within seven days from the receipt thereof, so notify the Registrar in form TM ~, may be treated as not desiring to be heard and the Registrar may act accordingly.
  1. Where in opposition proceedings any extension of time is granted 10 any party, the Registrar may thereafter, without giving that party a hearing, grant any reasonable extension of time 1:0 any other party in which to take any suhsequent steps.
  2. \Vhere a party giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such a notice neither resides nor carries on business in Kenya, the Registrar may require him to give security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as to the Registrar may seem fit, and at any stage in the opposition proceedings may require further security to be given at any time before his decision in the case.
  3. In the event of an opposition being uncontested by the applicant, the Registrar in deciding Whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.

,

58. Within sixty days from the date of any advertisement in the Gazette of an application for the registration of a certification trade mark, any person may give notice to the Registrar in form TiY1 36 of opposition under subparagraph (I) of paragraph 2 of the First Schedule to the Act: and rules 47 to 57 shall apply mutatis mutandis to the proceedings thereon with substitution of fonn TM 37 for form TM 7 and form TM 38 for form TM 8; and in any case of doubt any party may apply to the Registrar for directions.

Non-Completion

59. (l) \Vhere registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall in forrn TM 9A give notice in writing to the applicant at his trade or business address of the non-completion, but if the applicant has authorized an agent for

[Subsidiary']

Exhibits.

Hearing.

Extension of time.

Security for

costs.

Costs in

uncontested

case.

Opposition to application under section 40.

Non-completion of registration.

Entry in register.

Associated

marks.

Death of applicant before registration.

Certificate of registration.

the purpose of the application he shall instead send the notice to the agent and shall send a duplicate thereof to the applicant:

(2) If after fourteen days from the date when the notice was sent, or such further time as the Registrar may allow, the registration is not completed, the application shall be deemed to be abandoned.

Entry in the Register, and Associated Marks

\

60. (1) As soon as may be after the expiration .of sixty days from the date of the advertisement in the Gazette of any application for the registration of a trade mark, the Registrar ~haU, subject to' any opposition and the dete~mination thereof, and subject to the provisions of subsection (l) of section 22 of the Act, and upon payment of the prescribed fee in form TM 9, enter the trade mark in the register..

(2)
The entry of a trade mark in a register shalf give the date of registration, the goods in respect of which-It is registered together with the particulars of the trade, business, profession, occupation or other description of the proprietor, particulars of any undertakings of the proprietor entered on the form of application, particulars affecting the scope of the registration or the rights conferred by the registration, and such other particulars as are prescribed.
(3)
In the case of an application which the Registrar accepts only after the applicant has lodged tbewritten consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration, the entry in the register shall state' that it is "By Consent" and shall give the number of the previous registration or the application for registration.

61. (1) Where a mark is registered as associated with any other mark or. marks, the Registrar shall note in the register in connexion with the first-mentioned mark the numbers of the marks with which it-is associated, and shall also note in the register in connexion with each of the associated mal ks the number of the first-mentioned mark as being a mark associated therewith.

(2) An application by a registered' proprietor under subsection (5) of section 26 of the Act to the Registrar to dissolve the association between two or more' associated trade marks shall be made in form TM 18, and shall include a statement of the grounds of the application.

  1. In case of· the death of any applicant for the registration of a trade mark after the date of his application and before the trade mark applied for has been entered in the register, the Registrar, after the expiration of the prescribed period of advertisement and the determination of any opposition to the application, may, on being satisfied of the applicant's death, enter in the register, in place of the name of the deceased applicant, the name, address and description of the person owning the trade mark, on ownership being proved to the satisfaction of the Registrar.
  2. Upon the registration of a trade .mark the Registrar shall issue to the applicant a certificate in form TM lOA, and shall affix thereto a copy of the mark, which may be a representation thereof supplied by ·the applicant under rule 23.

Renewal

64. (I) At any time not .more than three months before the expiration of the last registration of a trade mark, any person may leave at the office a fee for the renewal of the registration of the mark in form TM 10, and, if he is not the registered proprietor, shall sign a statement on the form that he is directed by the registered proprietor to pay the fee (if such be the case) and shall give his address.

(2)
Before taking any further step, the Registrar may either:---
(a)
require the' person leaving the fee to furnish within ten days an authority to pay the fee signed by the registered proprietor, and if he does not furnish that authority may return the fee and treat it as not received; or
(b)
communicate with the registered proprietor stating tbat the 'fee has been received and that the registration will in due course be renewed,
  1. At a date not less than one month and not more than two months before the expiration of the last registration of a mark, if no fee i~ form TM 10 has been received, the Registrar shall notify the. registered proprietor in writing of the approaching expiration,
  2. At a time not less than fourteen days and not -rnore than one month before the expiration of the last registration of a mark, the Registrar may, if no renewal fee has been received, send a notice in writing to the registered proprietor at his trade or business address as well as at his address for service, if any..
  3. If at the date of the expiration of {he last registration of a mark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Gazette, and if within one month of that advertisement the renewal fee in form TM 10, together with an additional fee in Form TM II, is received, he may renew the registration without removing the mark from the register.
  4. Where, at the expiration of one month from the advertisement under rule 67, the fees therein mentioned have not been paid, the Registrar may remove the mark from the register as of the date of the' expiration of the last registration, but may, upon payment of the renewal fee in form TM 10 together with a restoration fee in form TM 12, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.
  5. Where a trade mark has been removed from the register, the Registrar shall cause to be entered in the register a record of the removal and of the cause thereof. .
  6. Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Gazette.

Assignments and Transmissions

71. Where a person becomes entitled by assignment or transmission to a registered trade mark, he may, conjointly with the registered proprietor, make application to the Registrar in form TM 14 to register his title.

[Subsidiary]

Renewal of resistratlon.

Notice before removal of trade mark from register.

Second notice.

Ad vertiserne nt of non-payment.

Removal of

trade mark from register.

Restoration.

Record of removal of mark.

Notice and advertisement of renewal and restoration.

Joint application for entry of assignment or transmission.

[~ubsidiarJ ]

Application for

entry oJassign

ment or trans

mission by

subsequent

proprietor.

Particulars to be stated in application.

Case

accompanying

application.

Proof of title.

Application for entry .of assignment without aoodwill.

  1. Where a person becomes-entitled to a registered trade mark In the manner referred to in rule 71, and no conjoint application as therein mentioned is made, he shall make application to the Registrar in form TM 15 ito register his title.
  2. (1) An application under rule 71 or rule 72 shall contain the name, trade or business address and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims, and the instrument shall be produced for inspection by the Registrar, preferably at the time of application.
(2)
The full names of all the partners in a partnership shall be given in the body of the application.
(3)
The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but that copy shall not be open to public inspection.
  1. Where in the case of an application in form T M 1.4 or form TM 15 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, be shall, unless the Registrar otherwise directs, either upon or with the application. state a case .setting forth the full particulars of the facts upon which his claim to be proprietor of the trade. mark is based, and showing that the trade mark bas been assigned or transmitted to ·him; and if .the Registrar so requires, the case shall be verified by a statutory declaration in form TM 16.
  2. The Registrar may call on any person who applies to be registered as' proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction.
  3. (l) An application under rule '71 or rule 72 relating to an assignment on or after the appointed day of a trade mark in respect of any goods shall state
(a)
whether the trade mark was, at the time of the assignment, used in a business in any' of those goods; and
(b)
whether the assignment was made otherwise than in connexion

with the goodwill of that business; and, if both those circumstances subsisted, the applicant shall leave with the Registrar a copy of the Registrar's directions to advertise the assignment, obtained upon application under subsection (7) of section 25 of the Act and rule 80 of these Rules, and such proof, including copies of advertisements or otherwise, as the. Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application. .

(2) For the purposes of subsection (4} of section 32 of the Act, the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark, upon application made under rule 71 or rule 72, shall be six months from the date

. of advertisement in the Gazette of the registration of the trade mark, or such further period not exceeding six months as the Registrar may allow on application being made to him in form TM 13 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for' which the extension can be allowed.

  1. When the Registrar is satisfied as to the title of the person claiming to be registered, he shall cause him to be registered as proprietor of the trade mark in respect of the relevant goods, and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission.
  2. Where, pursuant to an application under rule 71 or rule 72, and as the result of a division and separation of the goods of a registration or a devision and separation of places or markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the .purposes of the Act.
  3. (I) Any person who desires to obtain the Registrar's certificate under subsection (5), or his notification of approval under subsection (6), of section 25 of the Act shall send to the Registrar, with his application in form TM 39, 40 or 29, as the case may be, a statement of case in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission.
(2)
The Registrar may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances, and shall if required by verified by a statutory declaration.
(3)
The Registrar. after hearing if so required the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or 'disapproval thereof, as the case may be.
e4) Where a statement of case is amended, two fair copies thereof in its final form shall be left with the Registrar.
(5)
The Registrar shall seal a copy of the statement of case in its final form to the certificate or notification.

80. (l) An application to the Registrar under subsection (7) of section 25 of the Act shall be made by the assignee in form TM 41, and shall state the date on which the assignment was made.

(2)
The application shall give particulars of the registration in the case of a registered trade mark, and, in the case of an unregistered trade mark, shall show the mark and give particulars of the registered trade mark that has been assigned therewith in accordance with subsection (3) of section 25.
(3)
The Registrar may call for any evidence or further information, and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.
(4)
The Registrar may refuse to consider such an application in a case to which subsection (6) of section 25 applies unless his approval has been obtained under the said subsection and a reference identifying the Registrar's notification of approval is included in the application. \
(5)
A request to the Registrar for an extension of the period within which the application may be made, which shall be in form

{Subsidiary1 Entry in register.

Separate registrations.

Registrar's

certificate of

approval as to

certain assign

ments and

transmissions.

Registrar's directions for advertisement of assignment without good, will of trade mark in use.

Alteration of address in register.

Application to rectify or remove a trade mark from the register.

TM 42, may be made at any time before or during the period for which extension can be allowed; the extension of the period which the Registrar may allow shall not exceed three months.

Alteration of Address

81. (1) A registered proprietor or registered user of a trade mark whose trade or business address is changed so that the entry in the register is rendered incorrect shall Iorthwith .request the Registrar in form TM 17 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.

(2)
A registered proprietor or registered user of a trade mark whose address for service in Kenya entered in the register is changed, whether by discontinuance of the entered address Or otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Registrar in form TM 32 to make the appropriate 'alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.
(3)
A registered proprietor or registered user of a trade mark whose registered trade or business address or address for service is altered by a public authority, so that the changed address designates the same premises as before, may make the request to the Registrar, but in that case no fee shall be payable, and if he does so he shall leave therewith a certificate of the alteration given by the authority; and if the Registrar is satisfied as to the facts of the case he shall alter the register accordingly.
(4)
In the case of the alteration of the address of a person entered in the register as the address for service of more than one registered proprietor or registered user of trade marks, the Registar may, on proof that the address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person in form TM 32 amended so as to suit the case for the appropriate alteration of the entries of his address as the address for service in the several registrations, particulars of which shall be given in the form, and may alter the entries accordingly.
(5)
AU applications under this rule in form T M 32 shall be signed by the registered proprietor or the, registered user; as the case may be, or by an agent, expressly authorized by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.

Applications to the Registrar for Rectification (Sections 29, 36, 35 and 36)

82. (1) An application to the Registrar under any of the sections 29, 30, 35 and 36 of the' Act for the making, expunging or varying of any entry in' the register shall be made in form TM 25 and shall be accompanied by a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks.

(2) 'where the application is made by a person who is not the registered proprietor of the trade mark in question it shall be accorn-' panied by a copy of the application and a copy of the statement, and these copies shall be transmitted forthwith by the Registrar to the registered proprietor.

  1. Upon application being made, and copy thereof transmitted to the registered proprietor, if necessary, the provisions of rules 48 to 57 shall apply mutatis mutandis to 'th.e further proceedings thereon; but the Registrar shall not rectify the register or remove the mark from the register merely because the registered proprietor has not filed a' counter-statement; and in any case of doubt any party may apply to the Registrar for directions,
  2. (1) Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made in form TM 25 may apply to the Registrar in form TM 26 for leave to intervene, stating thereon the nature of his interest, and the Registrar may refuse or grant leave, after hearing (if so required) the parties concerned, upon such conditions and terms as he may deem fit.

(2) Before dealing in any way with the application for leave to intervene the Registrar: ,may require the applicant to give an undertaking to pay such costs as in the c;ircumstances he may award to 'any party.

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) 01 section 37 of the Act for the alteration of the' register by correction, change, cancellation or striking out goods, 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 be is entitled to act in the name of the registered proprietor.

(2) Such applications shall be made in form TM 17, TM 19, TM20,TM21,TM 22,TM23or TMfi2, as may be appropriate; but an application in form TM 21, TM 22 or TM 32 shall be signed by .the registered proprietor or other person entitled under this rule unless in exceptional circumstances the Registrar otherwise allows, or, in the case of form TM 32 only, it is signed by an agent expressly authorized for the purpose of such an application.

86. In the case of an application as in rule 85, the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to 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 Gazette in order to enable any person desiring so to do to state, within one month or' 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 T1'l 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 namedin 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 Gazette. '

[Subsidiary]

Further procedure.

Intervention by third parties.

'Application under section 37 (1).

Evidence.

, Advertisemen t of certain applications .

Certificates of validity to be noted.

(Subsidiary]

Alteration of registered mark.

Ad vertisemcnt before decision.

Declsion of Registrar.

Advertisement 'llustration.

Rectification of certification trade mark entries by the court.

Alteration of regulations.

Application for entry of registered user.

Applications to A Iter Registered Tr .4Je Marks

\

  1. 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 Tt\1 24, and shall furnish the Registrar with four copies of the mark as it will a'ppear when so added to or altered.
  2. (1) The Registrar shall consider the application and shall, if it appears to him expedient, advertise the application in the Gazette before deciding it.
(2)
Within one month from the date of the advertisement any person may give notice of opposition to the application in form TM 45 accompanied by a duplicate of the notice, and may also send therewith a further statement of his objections in duplicate.
(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.
  1. 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 Gazette, and in any case shall insert in the Gazette a notification that the mark has been altered.
  2. In connexion with an application to alter a registered trade mark the Registrar may at any time call on the applicant to supply a printing block satisfactory to the Registrar and suitable for advertising the mark with the addition or alteration, if in the opinion of the Registrar an advertisement describing the addition or alteration in words would not be 'likely to be understood by persons interested in the matter.

Court Orders for Rectification of Certification
Trade Mark Entries and Regulations

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 for an order expunging or varying an entry in the register of or relating to a certification trade mark, or varying the relevant deposited regulations, shall be made in form TM 35 and shall include full particulars of the grounds on which the application is made.

A iteration of Certification Trade Mark Regulations

94. (1) An application by the registered proprietor of a certification trade mark for an alteration of the deposited regulations shall be made in form 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 one month from the date of the advertisement.

Registered Users

  1. An application to the Registrar for the registration under section 31 of the Act of a person as a registered user of a registered trade mark shall be made by that person and the registered proprietor in form TM 48.
  2. (l) The entry of a registered user in the register shall state the date on which it was made; and in addition to the trade or business address of the registered user it may include an address for service, if an application by him 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 Gazette.

  1. 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.
  2. An application by the registered proprietor or any registered user of a trade mark for the cancellation of the registration of a registered user of that trade mark under paragraph (b) of subsection (8) of section 31 of the Act shall be made in form TM 50, and shall be accompanied by a statement of the grounds on which it is made.
  3. An application by any person for the cancellation of the registration of a registered user under paragraph (c) of subsection (8) of section 31 of the Act shall be made in form TM 51, and shall be accompanied by a statemen t of the grounds on which it is made.
  4. (1) The Registrar shall notify in writing applications under rules 97, 98 and 99 to the registered proprietor and each registered user (not being .the applicant) under the registration of the trade mark.
(2)
Any person so notified who intends to intervene in the proceedings shall, within one month of the receipt of the notification, give' notice to the Registrar in form TM 52 to that effect. and shall send therewith a statement of the grounds of his intervention: and the Registrar shall thereupon send copies of such notice and statement to the other parties, so that the intervention may be known to the applicant. the registered proprietor. the registered user whose registration is in suit and any other registered user who intervenes.
(3)
Any such party may, within such time or times as the Registrar may appoint. leave evidence in support of his case, and the Registrar, after giving the parties an opportunity of being heard. may accept or refuse the application or accept it subject to any conditions. amendments, modifications or limitations as he may think right to impose.

101. (1) Applications under subsection (2) of section 37 of the Act shall be made in form TM 17, Tivl 19,TM 20or TM 32, as may be appropriate. by a registered user of a trade mark, or by such person as may satisfy the Registrar that he is entitled to act in the name of a registered user; and the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.

(2) Tn case of the registration of a registered user for a period. in accordance with paragraph (d) of subsection (4) of section 32 of the Act, the Registrar shall cancel the entry of the registered user at the end of the period.

[Subsidiary]

Entry and notification.

Registered

proprietor's

application

to vary entry.

Application by

registered

proprietor or

user to cancel

entry.

Application by any person to cancel entry.

'Notification

and hearing.

Registered user's application to correct error or enter change.

Extension of time.

Hearing,

Application for hearing.

Notice of

hearing.

Notification

of decision.

Dispensing with evidence.

Amendments of documents.

(3)
Where some or all of the goods are struck out from those in respect of which a trade mark is registered, the Registrar shall at the same time strike them out from those specifications of registered users of the trade mark in which they are comprised.
(4)
The Registrar shall notify every cancellation or striking out under this rule to the registered users whose permitted use is affected thereby and the registered proprietor of the trade mark.

Extension of Time

102. If in any particular case the Registrar is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceeding under these Rules, not being a time expressly provided in the Act or prescribed by rule 76 or rule 80, he may extend the time upon such notice to other parties, and proceedings thereon, and upon such terms, as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceeding.

Discretionary Power

  1. Before exercising adversely to any person any discretionary power given to the Registrar by the Act or these Rules, the Registrar shall, if so required, hear that person thereon.
  2. An application for a hearing shall be made within one month from the date of notification by the Registrar of any objection to an application or the date of any other indication that he proposes to exercise a discretionary power.
  3. (1) Upon receiving such application. the Registrar shall give the person applying fourteen days' notice of a time when he may be heard.

(2) Within seven days from the date when the notice would be delivered in the ordinary course of post, the person applying shall notify the Registrar whether or not he intends to be heard on the matter, and if he intends to appear he shall file form TM -8 and pay the prescribed fee thereon.

106. The decision of the Registrar in the exercise of any such discretionary power shall be notified to 'the person affeoted.

Power to Dispense with Evidence

107. Where under these Rules a person is required to do any act or thing, or to>sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the office, and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to do the act or thing, or to sign the document, or to make the declaration, or that the document or evidence cannot be produced or left, the Registrar may, upon the production of such other evidence,· and subject to such terms as he may think fit, dispense with any such act or thing, signature, declaration, document or evidence.

Amendments

-108. Any document or drawing or other representation of a trade mark may be amended, and any irregularity in procedure which in the opinion of the Registrar may be excused without detriment to the

[Subsidiary]

interests of any person may be corrected, if the Registrar thinks fit, and on such terms as he may direct.

Certificates

109. (1) The Registrar may give a certificate, other than a certificate under section 22 of dhe Act, as to any entry, matter or thing which he is authorized or required by the Act or these Rules to make or do, upon receipt of a request therefor in form TM 30

·from any person who, if the Registrar thinks fit so to require, can show an interest in the entry, matter or thing to his satisfaction.

(2) Except in a case falling under rule 111, the Registrar shall not ibe obliged to include in the certificate a copy of any mark, unless he is furnished by the applicant with a copy thereof suitable for the purpose. .

110. Where a mark is registered without limitation of colour, the Registrar may grant a certificate of its registration for the purpose of obtaining registration abroad either in the colour in which it appears upon the register or in any other colour or colours.

J J I. (1) Where a certificate of registration of a trade mark is issued for use in obtaining registration abroad, the Registrar shaIl include in the certificate a copy of the mark. and may require the applicant for the certificate to furnish him with a copy of the mark suitable for the purpose, and if the applicant fails to do so may refuse to issue the certificate.

(2) The Registrar may state in the certificate such particulars concerning the. registration of the mark as to him seem fit, and may omit therefrom reference to any disclaimers appearing in the register; but in the last-mentioned case the certificate shall be marked "For use in obtaining registration abroad only".

Declarations

112. The statutory declarations required 'by the Act and these Rules, or used in any proceedings thereunder, shall ;bemade and subscribed as follows

(a)
if made in the Commonwealth, before any court, judge or justice of the peace, or any officer authorized by law to administer an oath for the purpose of a legal 'Proceeding;
(b)
if ·made outside the Commonwealth, before a Kenya Consul or Vice-Consul, or other person exercising the functions of a Kenya Consul, or a notary public, or before a judge or magistrate.

J J 3. Any document purporting to have affixed, impressed or subscribed thereto or / thereon the seal or signature of any person authorized by rule 112 to take a declaration in testimony that the declaration was made and subscribed 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.

Certificates by Registrar.

Marks registered without limitation of colour.

Certificates for use in obtaining registration abroad.

Person before whom declaration is to be taken.

Presumption as to seal of officer taking declaration.

Searches.

Textile goods.

Metal goods.

Appeal to

court.

Applications to court.

Order of COUI t.

Publication of order of court.

Search

11.4. (1) Any person may request the Registrar in form TM 27 to cause a search to be made in respect of specified goods classified in any one class of the Second Schedule or the Third Schedule to these Rules to ascertain whether any mark is on record at the date of the search which resembles a trade mark of which duplicate representations accompany the form.

(2) The Registrar shall cause such a search to be made and the person making the request to be informed of the result thereof.

Textile Goods

115. The classes to which paragraph 1 of the Scc0I:1d Schedule to the Act applies shall be classes 22 to 26 inclusive of the Third Schedule to these Rules, but that paragraph shall apply 'only to goods in classes 22, 25 or 26 that are composed to a substantial extent of artificial or natural textile fibres or are complete articles of clothing.

Metal Goods

116. For the purposes of paragraph :2 of the Second Schedule to the Act, the classes which refer "predominantly to metal goods shall be classes 6 to 14 (inclusive) and 21 of the Third Schedule to these Rules.

Appeals to the Court

117. When a person intends to appeal to the court, the appeal sh311 be 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

  1. Every application to the court under the Act shall be served on the Registrar.
  2. (1) Where an order h'as 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 T?',1 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 Gazette.

FIRST SCHEDULE (r. J)

FEES

The following fees shall be paid in respect of applications, registrations and other matters under the Act; the· fees must, in all cases, be paid before or at the .tirne of doing the matter in respect of which they are to be paid; and for the purpose of those fees (except where otherwise provided below) every mark of a series under section 24 of the Act or any preceding similar enactment shall be deemed to be a mark separately registered.

Corres
Matter or Proceeding Amount ponding
form
Sh.
1. On application not otherwise charged to register a trade
mark for a specification of goods included in one class 60 TM2
Ia. On application to register a series of trade marks under
section 24 (2) for a specification of goods included in one
class 60 TM 2
Ib. On application to register a defensive trade mark for a
specification of goods included in one class .. 60 TM 31
I c. On application under section 40 to register a certification
trade mark for a specification of goods included in one class 60 TM 5
Id. On application made at the same time under section 40 to
register one certification trade mark for specification of
goods not all included in one class-
in respect of every class 30 TM 5
total fee in no case to exceed Sh. 600 for any number of
classes.
2. On request to the Registrar to state grounds of decision re
lating to an application to register a trade mark and materials
used 60 TM4
3. On notice of opposition before the Registrar under section
21 for each application opposed, by opponent 50 TM 6
3a. On lodging a counter-statement in answer to a notice of
opposition under section 21, or paragraph. 2 (I) of the First
Schedule, for each application opposed, by the applicant; or
in answer to a notice of opposition under any of sections
29, 30, 3S and 36, by the proprietor in respect of each trade
mark; or in answer to a notice of opposition under section
38 or section 39, for each application or conversion opposed,
by the proprietor .. 30 TM 7
3b. On the hearing of each opposition under section 21, by the
applicant and by the opponent respectively; or on the hearing
of an application under any of sections 29, 30, 35 and 36,
by the applicant and by the proprietor respectively: or on the
hearing of an opposition under section 38 or section 39, .by
proprietor and by opponent respectively; or on a hearing
under rule 32 or 33, by the applicant .. 60 TM·8
3r. On notice of opposition before the court under paragraph
2 (1) of the First Schedule for each application opposed, by
the opponent 50 TM 36
3d. On lodging a counter-statement in answer to a notice of
opposition before the court under paragraph 2 (1) of the
First Schedule for each application opposed, by the applicant 30 TM 37
3e. On the hearing of each opposition before the court under
paragraph 2 (I) of the First Schedule by applicant and by
opponent respectively 50 TM 38

FEEs-(Contd.)

Matter or Proceeding

Amount

4. For one registration of a trade mark not otherwise charged for a specification of goods included in one class

40. For one registration of a series of trade marks under section

24 (2) for a specification of goods included in one cIassfor the first mark aad for every other mark of the series ..

4b. For registration under section 40 of a certification trade mark for a specification of goods included in one class

4(. For 'oregistration upon applications made at the same time of one certification trade mark, under section 40, for specifications of goods not all included in one class-

in respect of every class total fee in no case to exceed Sh. 1,000 for any number of classes.

4d. For one registration of a defensive trade mark for a specification of goods included in one class' ..

5. Upon each addition to the registered entry of a trade mark of a note that the mark is associated with a newly registered mark

Sa. On an application to dissolve the association between registered trade marks .. .. .. .. .. ..

6. On application to register. a registered user of a registered trade mark in respect of goods within the specification thereof

Sa, On application to register the same registered user of .more than one registered trade mark of the same registered

°

'proprietor in respect of goods within the respective specifications thereof and subject to the same conditions and restrictions in each case-

for the first mark and for every other mark of the proprietor included in the application and statement of case

6b. On application by the proprietor of a single trade mark under paragraph (a) of section 31 (8) to vary the entry of a registered user thereof ..

6c. On application by the proprietor of more than one trade mark under paragraph (a) of section 31 (8) to vary the entries of a registered user thereof-

for the first mark and for every other mark of the proprietor for which the same user is registered, included in the application ..

6d. On application by the proprietor or registered user of a single trade mark under paragraph (b) of section 31 (8) for cancellation of the entry of a registered user thereof ..

6e. On application by the proprietor or registered user of more than one trade mark under paragraph (b) of section 31 (8) for cancellation of the entries of a registered user thereof-

for the first mark . '. and for every other mark of the proprietor for which the same user is registered. included in the application ..

6f. On application under paragraph (c) of section 31 (8) to cancel the entry of a registered user of a single trade mark ..

Sh.

50

50 5

50

50

60

5

50

50

50 5

50

50 5

50

50 5 50

Corresponding form

TM9

TM9

TM9

TM9

TM9

TM9 TM 18 TM48

TM48

TM49

TM49

TM 50

TM 50

TM 51

FEBS-(Contd~)

6g.

6h.

7.

Ta.

8.

8a.

8b.

8c.

9.

·Corres
Matter or Proceeding Amount ponding
form
She
On application under paragraph (c) of section 31 (8) to
cancel the entries of a registered user of more than one trade
mark-
for the first mark 50 TM 51
and for every other mark of the same proprietor for
which the same user is registered, included in the appli
cation 5
On notice under section 31 (9) and rule 100 of intention to
intervene in one proceeding for the variation or cancellation
of entries of a registered user of trade marks .. 10 TM 52
On request to enter in the register and advertise a certificate
of validity under section 47 and rule 88
for the first registration certified .. 20 TM47
and for every other registration certified in the same
certificate 2
On application under section 32 t4) and rule 76 for extension
of time for registration of a corporation as subsequent pro
prietor of trade marks on one assignment-
not exceeding two months 20 TM 13
not exceeding four months 40 TM 13
not exceeding six months .. 60 TM 13
On application for certificate of the Registrar under section
25 (5) and rule 79
for the first mark proposed to be assigned 50 TM 39
and for every other mark of the same proprietor in
cluded in that assignment .. 5
On application for approval of the Registrar under section
25 (6) and rule 79
for the first mark 50 TM40
and for every other mark of the same proprietor in or 29
cluded in the same transfer 5
On application for directions by the Registrar for advertise
ment of assignment of trade marks in use, without goodwill
for one mark assigned 30 TM 41
and for every other mark assigned with the same
devolution of title .. 5
On application for extension of time for applying for
directions for advertisement of assignment of trade marks
in use, without goodwill, in respect of one devolution of
title-
not exceeding one month .. 20 TM 42
not exceeding two months 40 TM 42
not exceeding three months 60 TM 42
On application to register a subsequent proprietor in a Case
of assignment or transmission of a single trade mark-
if made within six months from the date of acquisition of proprietorship or the coming into force of these Rules 40 TM 14
or 15
if made after expiration of six months but within twelve
months from the date of acquisition of proprietorship or the coming into force of these Rules .. 50 TM 14 or 15

FEES-{Conrd.)

Matter or Proceeding

if made after expiration of twelve months from the date of acquisition of proprietorship or the coming into force of these Rules .

90. On application to register a subsequent proprietor of more than one trade mark standing in the same name, the devolution of title being the same in each case-

if made within six months from the date of acquisition

of proprietorship or the coming into force of these Rules-for the first mark and for every other mark

if made after expiration of six months but within twelve months from the date of acquisition of proprietorship or the coming into force of these Rules-

for the first mark

and for every other mark if made after expiration of twelve months from the date of acquisition of proprietorship or the coming into force of these Rules-

for the first mark and for every other mark

10. On application to change the name or description of a proprietor or a registered user of a single trade mark where there has been no change in the proprietorship or in the identity of the user

lOa. On application to change the name or description of a proprietor or a registered user o{ more than one trade mark standing in the same name, where there has been no change in the proprietorship or in the identity of the user, the change being the same in each case-

for the first mark and for every other mark of the series

11. For renewal of a registration of a trade mark at expiration of last registration .. 11 Q. For renewal of registration of a series of trade marks under

section 24 (2) at expiration of last registration-
for the first mark of the series
and for every other mark of the series

11 b. For renewal of registrations of the same certification trade

mark with the same date for goods in more than one cIassin respect of every class total fee in no case to exceed Sh. 1,000 for any number of classes.

lIe. Additional fee under rule 67 lld. Restoration fee under rule 68 ..

12. On an application to the Registrar for leave to add to or alter

I

a single registered trade mark ..

12a. On an application to the Registrar for leave to add to or alter more than one registered trade mark of the same proprietor, being identical marks, the addition or alteration to be .made, in each case, being the sarne->for the first mark

Amount

Sh.

60

40 5

50 5

60 5

10

]a 5

100

100 5

]00

30 60

50

50

Corresponding form

TM 14 or 15

TM 14 or 15

TM 14 or 15

TM 14 or 15

TM 20

TM20

TM 10

TM 10

TM 10

TM 11

TM 12

TM24

TM24

[Subsidiary]

FEES-{Contd.)

12b.

16a.

190.

20.

200.

Corres
Matter or Proceeding Amount ponding
form
Sh.
and for every other mark 20
On notice of opposition to application for leave to add to or
alter registered trade marks, for each application opposed . ~ 50 TM 45
For altering one or more entries of the trade or business
address of a registered proprietor or a registered user of a
trade mark where the address in each case is the same and is
altered in the same way (unless exempted from fee under
rule 81)
for the first entry 10 TM 17
and for every other entry .. . . . . . . . . 2
For every entry in the register of a rectification thereof or an
alteration therein, not otherwise charged 20 TM46
For cancelling the entry or part of the entry of a trade mark
upon the register on the application of the registered pro
prietor of the trade mark 10 TM 21
or 22
On application under any of sections 29, 30, 35 and 36 for
rectification of the register or removal of trade mark from
the register 60 TM25
On application for leave to intervene in proceedings under
any of sections 29, 30, 35 and 36 for rectification of the register
or removal of trade mark from the register .. 40 TM 26
On request, not otherwise charged, for correction of clerical
error or for permission to amend application . . . . 10 TM 19
On request by registered proprietor of a trade mark forentry
of disclaimer or memorandum in the register 10 TM23
On application to the court under rule 93 to expunge or vary
the registration of a certification trade mark or to vary the
deposited regulations of a certification trade mark or of
certification trade marks of the same registered proprietor
where the regulations are substantially the same 60 TM 35
On request to the Registrar by the registered proprietor of a
certification trade mark to permit alteration of the deposited
regulations thereof-for the regulations of one such registration 30 TM 34
for the same or substantially the same regulations of
each other registration proposed to be altered in the
same way and included in the same request 5
On application by the registered proprietor under rule 6 for conversion of specification 10 TM 43
On notice of opposition to a conversion of the specification
or speclfications of a registered trade mark or registered
trade marks.
for one mark 50 TM44
for every other mark of the same proprietor having the same specification .. 5
For a search under rule 114 in respect of one class-
without application for the Registrar's advice under
rule 20 30 TM27
with application for the Registrar's advice under rule 20 40 TM27
On request for the Registrar's preliminary advice under rule

FBEs-(Contd.)

·1

CorresMatter or Proceeding

Amount

ponding form

20 for each trade mark submitted in respect of one class ..

23. For certificate of the Registrar (other than certificate' under section 22 (2») of the registration of a trade mark .. . .

23a. For certificate of the Registrar (other than certificate under section 22 (2)) of the registration of a series of trade marks under section 24 (2)

24. For cancelling or making one or more entries of an address for service of a registered proprietor or a registered user of a trade mark where the address in each case is the same, on application made after the registration in each case--

for the first entry .

and for every other entry .. ,

total fee in no case to exceed Sh. 500 for any number of

. entries.

24a. For certificate of the Registrar (other than certificate under section 22 (2)) of the registration of a series of trade marks under section 24 (2)

25. For inspecting register or notice of opposition, counter-statement or decision in connection with any opposition or application for rectification of the register relating to any particular trade mark, for every quarter of an hour

26.. For permission to search amongst the classified representations of trade marks, for every quarter of an hour ..

  1. For office copy of documents, for every 100 words (but never less than Sh, 5) ..
  2. For photographic copy of documents: cost according to agreement
  3. For certifying office copies MS. -or photographic or printed matter
  4. On filing a bill of costs for taxation, for every ten folios or part thereof
  5. On issue of a notice of taxation
  6. On application for service of a notice .of taxation together

with a bill of costs . 33. On application for a certificate of taxation ..

Sh. 20 '20 TM28 . TM30
30 TM 30
5 1 TM 32
30 TM 30
5 5 1
10 20 10 10 20

SECOND SCHEQULE (rr, 5, 6 and 114)

CLASSIFICATION OF GOODS

Class 1 Chemical substances used in manufactures, photography or philosophical research and anti-corrosives.

Class 2

Chemical substances used for agricultural, horticultural, veterinary and sanitary purposes.

Class 3

Chemical substances prepared for use in medicine and pharmacy.

Class 4

Raw, or partly prepared, vegetable, animal and mineral substances used in manufactures, not included in other classes,

Class 5

Unwrought and partly wrought metals used in manufacture.

Class 6

Machinery of all kinds, 'and parts of machinery, except agricultural and horticultural machines and their parts included in Class 7.

Class 7
Agricultural machinery. and horticultural machinery, and parts of such
Class 8

Philosophical instruments, scientific instruments and apparatus for useful purposes; instruments and apparatus for teaching.

Class 9

Musical instruments.

Class 10

Horological instruments.

Class 11 Instruments, apparatus and contrivances, not medicated, for surgical or curative purposes, or in relation to the health of men or animals.

Class 12

Cutlery and edge tools.

Class 13

Metal goods, not included in other classes.

Class 14

Goods of precious metals and jewellery, and imitations of such goods and jewellery:

Class 15

Glass.

[Subsidiary)

CLASSIFICATION OF GooDs-(Contd.)

Class 16

Porcelain and earthenware.

'Class'Yl

Manufactures from mineral and other substances for building or decoration.

Class 18
Engineering, architectural and building contrivances.
Class 19
Arms, ammunition and stores, not included in Class 20.
Class 20
Explosive substances.
Class 21
Naval architectural contrivances and naval equipments not . included in other classes.
Class 22
Carriages.
Class 23

(a) Cotton yarn.

(b) Sewing cotton.

Class 24
Cotton piece goods.
Class 25
Cotton goods not included in other classes.
Class 26
Linen and hemp yarn and thread.
Class 27
Linen and hemp piece goods.
Class 28
Linen and hemp goods not included in other classes.
Class 29
Jute yams and tissues, and other articles made of jute, not included in other classes. .
Class 30
Silk, spun, thrown or sewing.
Class 31

Silk piece goods.

CLASSIFICATION OF GooDs-{Contd.)

Class 32
Silk goods not included in other classes.
Class 33
Yarns of-wool, worsted or hair.
Class 34
Cloths and stuffs of wool, worsted or hair.
Class 35
Woollen and worsted and hair goods, not included in other classes.
Class 36
Carpets, floor-cloth and oil-cloth.
Class 37
Leather, skins unwrought and wrought and articles made of leather.. not included in other classes.
Class 38
Articles of clothing.
Class 39
Paper (except paper hangings), stationery and book-binding.
Class 40
Goods manufactured from indiarubber and gutta-percha not included in other classes.
Class 41
Furniture and u~holstery.
Class 42
Substances used as food oras ingredients in food.
Class 43
Fermented liquors and spirits.
Class 44

Mineral and aerated waters, natural and artificial, including ginger beer.

CLASSIFICATIO~ OF GOODs-·-(Conrd.)

Class 45

Tobacco, whether manutactured or unmanufactured.

Class 46

Seeds for agricultural and horticultural purp,?ses.

Class 47

Candles, common soap, detergents; illuminating, heating or lubricating oils; matches; starch blue, and other preparations for laundry purposes.

Class 48

Perfumery (including toilet articles, preparations for the teeth and hair and perfumed soap).

Class 49

Games of all kinds and sporting articles not included in other classes.

Class 50 Miscellaneous:

(1)
Goods manufactured from ivory, bone or wood, not included in other classes.
(2)
Goods manufactured from straw or grass: not included in other classes.
(3)
Goods manufactured from animal and vegetable substances, not included in other classes.
(4)
Tobacco pipes.
(5)
Umbrellas, walking sticks, brushes and combs for the hair.
(6)
Furniture cream, plate powder.
(7)
Tarpaulins, tents, rick-cloths, rope (jute or hemp), twine.

(8)' Buttons of all kinds, other than of precious metal or imitations iliereot .

(9)
Packing and hose.
(10)
Other goods nor included in the foregoing classes,

[Subsidiary]

THIRD SCHEOULE (rr. 5, 6, 20, 21,114, 115 and 116)

CLASSIFICATIQN OF GOODS

Names of the Classes

(Parts of ali article or apparatus are, in general, classified with the actual article or ap paratns, except where such parts constitute articles included ill other classes)

  1. Chemical products used in industry, science, photography, agriculture, horticulture, forestry; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry. .
  2. Paints, varnishes, lacquers..preservatives against rust and against deterioration of wood; colouring matters, dyestuffs; mordants; resins; metals in foil and powder form for painters and decorators.
  3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils. cosmetics. hair lotions; dentifrices.
  4. Industrial oils and greases (other than edible oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit): and illuminants; candles, tapers, nightlights and wicks.
  5. Pharmaceutical, veterinary and sanitary substances; infants' and invalids' foods; plasters, materials for bandaging; materials for stopping teeth, dental wax: disinfectants; preparations for killing weeds and destroying vermin.
  6. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (non-electric); locksmith's work: metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in non-precious metal not included in other classes; ores.
  7. Machines and machine tools; motors (except for vehicles); machine couplings and belting (except for vehicles); large size agricultural implements; incubators.
  8. Hand tools and instruments; cutlery, forks and spoons; side arms.
  9. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring. SIgnalling, checking (supervision), lifesaving and teaching apparatus and instruments; coin or counter-feed apparatus; talking machines, cash registers, calculating machines; fireextinguishing apparatus.

(SubsidiaryJ

  1. Surgical, medical, dental and veterinary instruments and apparatus (including artificial limbs. eyes and teeth).
  2. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
  3. Vehicles; apparatus for locomotion by land, air or water.
  4. Firearms; ammunition and projectiles; explosive substances; fireworks.
  5. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons); jewellery, precious stones; horological and other chronometric instruments.
  6. Musical instruments (other than talking machines and wireless apparatus).
  7. Paper and paper articles, cardboard and cardboard articles; printed matter, newspapers and periodicals, books; book-binding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes, typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; (printers') type and cliches (stereotype).
  8. Gutta-percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; materials for packing, stopping and insulating; asbestos, mica and their products; hose pipes (non-metallic).
  9. Leather and imitations of leather, and articles made" from these materials, and not included in other classes; skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
  10. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes' of earthenware or cement; roadmaking materials; asphalt pitch and bitumen; portable buildings; stone monuments; chimney pots.
  11. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, 'amber, mother-of-pearl, meerschaum, celluloid and substitutes for all these materials.
  12. Small domestic utensils and containers (not of precious metal, nor coated therewith); combs and sponges; brushes (other than paint brushes); brush-making materials; instruments and material for cleaning -purposes; steelwooI; glassware, porcelain and earthenware not included in other classes.
  13. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials.
  14. Yarns, threads.
  15. Tissues (piece-goods); bed and table covers; textile articles not included in other classes.
  16. Clothing, including boots, shoes and slippers.
  17. Lace and embroidery. ribands and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers.

: 1. Carpets, rugs, mats and matting; linoleums and other materials for covering floors; wall hangings (non-textile).

  1. Games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees.
  2. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserves, pickles.
  3. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; pepper, vinegar, sauces; spices; ice.
  4. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.
  5. Beer, ale and porter; mineral' and aerated waters and other non-alcoholic drinks; syrups and other preparations for making beverages.
  6. Wines, spirits and liqueurs.
  7. Tobacco, raw or manufactured; smokers' articles: matches.

NOTES

(1)
By virtue of paragraph 2 of the Second Schedule to the Act and rule 116 of these Rules, "metal goods" as there used means all goods in classes 6 to 14 (inclusive) and 21 of this Schedule that are composed wholly or principally of any metal.
(2)
By virtue of paragraph 1 of the Second Schedule to the Act and rule 115 of these Rules, "textile goods" as there used means all goods in classes 23 and 24 of this Schedule and such goods in classes 22, 25 and 26 as are composed to a substantial extent of artificial or natural textile fibres or are complete articles of clothinz.

The full name of all partners in a firm must be inserted, and the kind and country of incorporation of bodies corporate stated.

Ca) Here state name and address of agent.

(b)
Here state the particular matter or procee ding for which the agent is appointed giving 'the reference number if known.
(c)
Here state nationality.
(d)
To be signed by the person appointing the agent.

(e-) I·lere insert [he full trade or business address of the person appointing the agent.

FOURTH SCHEDULE (r. 4)

FORMS

Form TM I

For stamp duty
see Schedule to
the Stamp Duty
Act.

FORM OF AUTHORIZATION OF AGENT IN A MAllER OR PROCEEDING UNDER TH!! ACT (Rule 14) *1 [We]

have appointed (aJ . of .

to act as my [our] agent for (b) . ............................................ No . and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address. I [We] hereby revoke all previous authorizations, if any, in respect

of the same matter or proceeding. I [We] hereby declare that I am [we are] a (c) .
Dated (d) this day of ,·19 . .

Address (e) ............................................•.•.

(To be struck out if the person appointing the agent desires his own address to be treated as the address for service after registratlon.)

I [\Ve] also authorize the said (a) . .................... to complete form TM 32 requesting the entry of an address for service QS part of any registration obtained under the above authorization.

Dated this day of , 19 .

(d) "

Address (e) •........•......•.......•.........•...•...•.•... To: The Registrar of Trade Marks,

P.O. Box 30031, Nairobi.

[Subsidiary]

FEB

Form T~1 2

Sh.60

_I

ApPLlCATIO~ FOR R.EGISTRATION OF TRADE MARK IN PART.
OF THE REGISTER

Write distinctly here "A" or "8" according to the registration desired..

One representation to be fixed within this space and four others to he sent on separate Forms TM 3.

Representations of a large size may be folded, but must then be mounted upon linen or other suitable material and affixed hereto.

Application is hereby made for Registration in Part"

of the Register of the accompanying Trade Mark in Class

(a) Here specify the in respect of (a) ......................................••.. goods. Only goods included in one and the same class should be specified. A separate application form is

••••0 .

req uiredfor each class.

(b)
Here insert legibly in the name of (b) .........•.....................••••.••.. the full name, description and nationality of the individual, firm or body corporate making the application. The names of all partners in a firm must be given in full. If the applicant is a body corporate the kind and country of incorporation should be "stated,
(c)
Here insert the whose trade or business address is (c) ..........•..•••.••• • • ••

Cull trade or business address of the applicant. . ••••••••.•..•••....••••••••••••.••. "•••• _••••••••••••••••••

(d)
Here insert the trading style (if any).
(e)
If the mark is already in use strike out the words: "proposed to be" and insert "being".
(f)
For addltional matter if required; otherwise to be left blank.
(g)
Signature,

One rep re· sentation of the trade mark to be affixed within this space. It must correspond exactly in all respects with the rep r e sentation affixed to the application form.

Any representation larger than the space provided may be folded but must then be mounted upon' linen or

'0 the r suitable

material and

affixed hereto.

trading as (d) .
by whom it is (e) proposed proprietor[s] thereof. (f) ... - to be used and who claim[s] to be the . .
.. .
Dated this day of ]9 .

(g) ..................................•.................

To: The Registrar of Trade Marks,

P.O. Box 30031, Nairobi.

Form TM 3

ADDITIONAL REPRESENTATION OF TRADE MARK. TO ACCOMPANY ApPLICATION FOR REGISTRATIO:'-J

Four of these Additional Representations of the Trade Mark must accompany each Form of Application.

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

FEE

Form TM 4

Sh.60

REQUEST FOR STATEMENT OF GROU~DS OF DECISIO~
IN THE MAITER OF (a) '. The Registrar is hereby requested to state in writing the grounds of his decision, dated the ".. , day of ,., , 19 , and the materials used by him in arriving at the decision. (a) Here insert words and number identifying the matter or proceeding.
Dated this , , .. day of 0, , •• , ••••• " 19 ,
(b) , .. , . , .. , , . (h) Signature,
To: The Registrar of Trade Marks, P.O. Box 30031, Nairobi.
If the Registrar has made any requirement to which the Applicant does not object, the Applicant shall comply therewith before the Registrar issues the ground of his decision. (Sec rule 34.)
Form TM 5 FEE 1st Sch., Items 1c., 1d.

ApPLICATIO:--.l FOR REGISTRATION OF CERTIFICATION TRADE MARK (Section 40)

(To be filed in triplicate)

One representation to be fixed within this space and six others to be sent on separate forms TM 3.

Representations of a larger size may be folded. but must then be mounted

upon linen or

o the r suitable material and af· fixed hereto.

(Subsidiary}

(a)
Here spedh the goods. Only goods included . in one and the same class should be specified. A separate application form is required for each class.
(b)
Here insert the . full name, description and nationality of the applicant. If the applicant-is a body corporare, the kind and country of inc 0 r p oration should be stated.

(c} Here insert the full address of the applicant.

(dl Signature.

(a)
Here state full name and address.
(b)
"If registration is opposed on the grounds that the mark resembles marks already on the Register, the n um b ers of those marks and of the Gazette in which they have been advertised are to be set out.
(c)
Signature.

Application is hereby made for Registration in Part A of the Register of the accompanying Certification Trade Mark in Class

...............................................................

in respect of (a) . in the name of (b) ............................................•• whose address is (c) .

Dated this day of ., 19 .

(d) " ".

To: The Registrar of Trade Marks)

P.O. Box 30031.
Nairobi.

FEE

Form TM 6

Sh. 50

NOTICE OF OPPOSITION TO ApPLlCATIO~ FOR REGISTRATION OF A
TRADE MARK

(To be accompanied by an unstamped duplicate)
I~ THE MATTER OF an Application No .
by .
of .

I [We] (a) ......................••........•........••....•..... hereby give notice of my [our] intention to oppose the Registration of the Trade Mark advertised under the above number for Class ........ .. in the Gazette of the day of . 19 ) No , page The grounds of opposition are as follows: .

(b) ................................•...........................

Dated this day of '.' , 19 .

(c) •.......................................

To: The Registrar of Trade Marks)

P.O. Box 30031, Nairobi.

FEE

Form T~1 7

Sh. 30

FORM OF COUNTER-STATEMENT

(To be submitted in duplicate)

I:'-l THE M.\TTER OF an Opposition No..•................••....

to Application No. . " ~

I [\Ve] '.' the applicant[s] for Registration of the above Trade Mark. hereby give notice that the following are the grounds on which J [we] rely as supporting my [our] application:

............................................ , .

~

....................................... tt • ..

I [We] admit the following allegations in the notice of opposition:

Address for service in Kenya in these proceedings: .
........................................................... ".s ..
Dated this day of , 19 .
(a) .
To: The Registrar of Trade Marks. P.O. Box 3003 I, Nairobi.

FEE

Form Tt\.1 8

Sh.60

NOTICE TO THE REGISTRAR OF ATTE:"JDANCE AT HEARING [We] (a) ....................................•.....•..... of . hereby give notice that the hearing of the arguments in the case of:

(b)
(1) Opposition No to Application for registration of a Trade Mark No. . .
(2)
Application that the entry in the Register in respect of Trade Mark No may be removed.
(3)
may be amended by alteration of or addition to the Trade Mark.
(4)
..•..................... may be amended by a conversion of the specification of goods.
(5)
may be amended otherwise than by any change in the mark or of the specification on conversion.
(a)
Signature:
(a)
Here insert name and address.
(b)
Strike out words here that are not applicable, so as to state ONE of the cases (I) to (5) only.
(c)
.Signature.
(d)
Address.
which, by the Registrar's Notice to me [us] dated the day of , 19 , is fixed for at the Registrar's Office on the day of 19...., will be attended by me [us] or by some person behalf. a.m. on my or . p.m. , [our]
Dated this day of , 19 .

(c) ..............................•...•.••.•

(d) ..... :.•.......................... •..... To: The Registrar of Trade Marks,

P.O. Box 30031, Nairobi.

(a) Signature.

FEE

1st Sch., items 4,

Form TM 9

4a. 4b. 4c, 4d,

and 5

FEE FOR REGISTRATION "OF A TRADE MARK

(1/ the Applicant has furnished a printing block 'for advertisement, this Form must be accompanied by one unmounted representation of the Mark, exactly as shown on the Form of Application.)

The prescribed fee for the registration of the Trade Mark No.
. . . . . . . . . . . . . .' .. in Cla ss is hereby transmitted.
Dated this day of . I ••••••• '0 •••••• , 19 .
(a) .

To: The Registrar of Trade' Marks,

P.O. Box 30031, Nairobi.

Form TM 9/\

NOTICE OF NON-COMPLETION OF REGJSTRATIO:-.l

No.

The Registrar, as required by section 22 (3) of the Trade Marks Act and rule 59 of the Trade Marks Rules (copies of which are printed on the back hereof), bas to point out that the registration of the trade mark, in respect of which your application numbered as

above was made on the day of , 19 , has not been completed by reason of your default, Unless it is completed within fourteen days from this date the application will be treated as abandoned.

Dated this day of .. , 0 19 .

•••••••••••• ,

To

The Office of the Registrar of Trade !\1arks,

P.O. Box 30031, Nairobi.

[poT.a. [Back]

Section 22 (3)

Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.

Rule 59

(1)
Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall in form TM 9A give notice in writing to the applicant at his trade or business address of the non-completion. but if the applicant has authorized an agent for the purpose of the application he shall instead send the notice to the agent and shall send a duplicate thereof to the applicant.
(2)
If after fourteen days from the date when the notice was sent, or such further time as the Registrar may allow, the registration is not completed, the application shall be deemed to' be abandoned.

FEE

Form TM 10

1st Sch., items 11, lla, lIb
of I .. 0 [0 0 We] • 0 RENEWAL OF (a) 00.0 •• 0 ••• 0 •• '0' ••• 0 REGISTRATION OF TRADE MARK •••••••••• "••••• 0 00' 0 ••••• 0 •••••••• o. 0 0 • o' o••• 0 • 0 ••••••••••• 0 •••••••• 0 ••• : •••• hereby

leave the prescribed fee of Sh. . 0 0 for Renewal.

0 o'

of Registration of the Trade Mark No in Class

o. 0 0 ••••••

(b) which I am directed by the proprietor of the Trade Mark, that is

to say by (c) .. 0•••••••••••0• 0•••0000• 0• 000000•••000•0•••••••••,

to pay. Dated this day of , 19 •••.

(d) ........•...................... "

0

(e) 0

••••••••••••••••••••••••••••• I ••••••••

To: The Registrar of Trade Marks,

o

P.O. Box 30031, Nairobi.

Notes

  1. The statement on the back of this form must be filled in and signed.
  2. This form will be returned if it is filed more than three months before the expiration of the last registration.

[p.T.a.

(a) Insert here
the name and
address of the

person lea ving the fee.

(b)
If the fee is left by the proprietor 0 himself, this pas sag e should be struck out.
(c)
If the fee is not left by the proprietor himself, insert his name and address here.
(d)
Signature of the person leaving the fee.
(e)
Address of the person signing.

[Back]

(j) If the request is sign~ by the RegIstered Proprietor

strike out here
the words "The
Registered Pro
prietor" and
substitute the

word "me".

(g) Signature.

The Registrar is requested to send notice of renewal of th registration to (f) the Registered Proprietor at the following address

................................................................... .., .

"

..

Dated this day of , 19 .

(g) ....................•..........••.....•.

Form TM 10" CERTIFICATE OF REGISTRATION OF TRADE MARK

[Trade Mark]

The Trade Mark shown above has been registered in Part A [B] of the Register in the name of . in Class under No. ..............•. as of the date of 19 , in respect of .

Sealed at my direction, this day of , 19 .

Registrar..

The Office of the Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

Registration is for seven years from the date first above mentioned, and may then be renewed, and also at the expiration of each period of 14 years thereafter.

This certificate is not for use in legal proceedings or for obtaining registration abroad.

Note.:-Upon any change of .ownership of this Trade Mark, or change in address, application should at once be made to the Registrar to register the change.

FEE

Form TM 11

She 30

ADDITIONAL FEE OF SHe 30 TO ACCOMPANY RENEWAL FEE
(FOR.\1 TM 10) WITHIN ONE MONTH AFfER
ADVERTISEMENT OF NON-PAYMENT OF
RENEWAL FEE

(To accompany form TM 10)

In pursuance of the notices issued by the Registrar, 1 [we] hereby leave the additional fee of She 30, along with form Tl\1 10, for the renewal of the Registration of the Trade Mark No. . . in Class .

Dated this day of ................, 19....

(a) ......••................................

(b) , ..

To: The Registrar of Trade Marks,

P.O. Box 30031.
Nairobi.

N.B.-This form must be signed by' the person[s] signing the form TM 10 which accompanies it.

FEE

Form TM 12 Sh.60

RESTORATIO~ OF TRADE !\1ARK REMOVED FROM REGISTER FOR
NON-PAYMENT OF FEE

(To accompany form TM 10)

In pursuance of the notices issued by the Registrar, I [we] hereby transmit the additional fee of She 60, along with form TM 10, for the restoration to the Register of the Trade Mark No . in Class .

Dated this day of , 19 .

(a)
........................•..........••...
(b)

a ••• a • a a •••••••••••

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.
N.B.-This form must be signed by the person[s] signing the

form TM 10 which accompanies it.

(a)
Signature
(b)
Address.

(a)' Signature.

(b) Address.

FEE

Form TM 13

1st Sch., item 7a

(a)
Here insert the name and address of the applicant.
(b)
Here insert "two" or "four" or "six".
(e)
Additional numbers may be given in a signed schedule on the back of the form.
(d)
Signature.
(a)
Name and address of registered proprietor or' other assignor or transmitter.
(b)
Full name, trade address and nationality of transferee.
(e)
Name of transferee.
(d)
Description of transferee.
(e)
Trade or business address of transferee.

Additional numbers may be given in a signed

schedule on the back of the form.

ApPLICATION UNDER RULE 76 FOR EXTENSION OF TIME, IN ACCORDANCE
\VITH SECTION 32 (4), FOR THE REGISTR.-\TION OF THE NAME OF A
CORPORATION AS SUBSEQUENT PROPRIETOR OF A TRADE MARK
IN THE REGISTER

Application is hereby made by (a) ....................•.•....
... ".. " ...... """ " " " " """ ".".. " .. """ .. """"" .. " .. """""" "" " . " """ " " " ".."." .......

............ " .......... " " " "" "" " """" " """ " " "" """"".. " """ """""""""""""""""""""

""" .. " " "" .. " ~ """ "" "" "" .""""""" """ .. """" " """ ... "".." """ " """ " "" .. " "." ".. for an extension of time by (b) months of the period of six months allowed by section 32 (4) and rule 76 for registering its name, by force of one assignment, as proprietor of the following Trade Mark(s) registered upon applications[s] conforming to paragraph (a) of section 32 (1);

(c) Registration Number Class

Dated this day of , 19 .

(d) ".......•......•••.•.•.

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

FEE Form TM 14

1st Sch., items

9,9a

JOINT REQUEST TO THE REGISTRAR BY REGISTERED PllOPRIETOR AND
TRANSFEREE TO REGISTER THE TRANSFEREE AS SUBSEQUENT
PROPRIETOR 'OF TRADE MARKS
UPO~ THE SAME
DEVOLUTION TO TITLE

We (a) ..................................................... · ,.

and (b) ..................................................•.....

·.

hereby request, under rule 71, that the name of (c) .

· ,.

carrying on business as (d) ~ .................•.....

·.

'"

at (e)

;0 •••••••••••••••••••••••••••••

may be entered in the Register of Trade Marks as proprietor of the

Trade Mark[s] No.[s] ..........• in Class as from the

(I) by virtue of (g) ••••..••.•...••.....••

.......................................................................... ." ..

(II) The trade mark at the time of the assignment was (h) [not] used in a business in the goods in question, and the assignment took (11) [did not take] place on or after the appointed day otherwise than in connexion with the goodwill of a business in the goods, (Il) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith

and a statement of the dates of issue of any publications containing
them.
Dated this day of ................• 19 .
(i) ............................•.•...•....•
(j) .............................•••....• '.••

To: The Registrar of Trade Marks.

P.O. Box 30031 Nairobi.

JVo(e.---·The instrument under which the Transferee claims should preferably accompany this form.

F EE

Form TM 15

lst Sch.• items

[

9. 9a

REQUEST TO THE REGISTRAR TO REGISTER It. SUBSEQUENT PROPRIETOR

OF A TRADE M.\RK OR TRADE MARKS UPON THE SAME DEVOLUTION

OF TITLE

I [We] (a) .

hereby request that my [our] name may be entered in the Register of

Trade Marks as proprietor of Trade Mark[s] No.[s] *

in Class as from the (b) ...................•.•

I am. [We are] entitled to the Trade lvlark[s] by virtue of (c)

........................................., .

...............................................................

(d) Thetrade mark at the time of the assignment was (d) [not] used in a business in the goods in question. and the arsignrnent took (d) [did

.not take] place on or after the appointed day otherwise than in connexion with the goodwill of a business in the goods. (d) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith and a statement of the dates of issue of any publications containing them.

Dated this day of ................• 19..••

(e) ......................................•.

To: The Registrar of Trade Marks,

P.O. Box 3003I.
Nairobi.

Note.-The instrument under which the Transferee claims should preferably accompany this form.

[Subsldlary] ef) D ate of acquisition of proprietorship.

(g) Full particulars of the instrument of assignment or transmission. if any. or statement of case.

(Ii) Strikt: (J ~!t any words not applicable. CSee rule 76.)

co Signature of ass i g nor or transrniuer.

(j)
Signature of transferce.
(a)
Here insert full name. trade or business address. nationality and description.

Additional numbers rna)' he given in a signed -chcdulc on the back of the form.

(!» D ate of acquisition of proprietorship.

(t') Here insert filII particulars of the instrument of assignment or transmission. if any, or statement of case.

(d)
Strike out an)' words not applicable, (See rule. 76.)
(c)
Signature.

Form TM ]6 DECLARATION (ONLY TO BE FURNISHED \VHEN REQUESTED BY THE REGISTRAR) IN SUPPORT OF STATEMENT OF CASE ACCOMPANYING" FORM Ttv1 14 OR T~l·15

I, ,

of .

do solmenly and sincerely declare as follows: .

The particulars set out in the Statement of Case, exhibit marked

................ and left by me in connexion with my request to be

registered as subsequent proprietor of the Trade Mark No .

in Class , are true and comprise every material

fact and document affecting the present proprietorship of the Trade

Mark.

I make this -declaration conscientiously believing fhe same to be

true and according to the Oaths and Statutory Declarations Act.

Declared at }

................... (a)

(a) To be signed by the person

this dayof ,19 .

making the declaration.

Before me,

(b) ..................................•.....

(b) Signature and title of authority before whom declaration is made. To: The Registrar of Trade Marks,

P.O. Box 30031,

Nairobi.

Form TM ]7

FEE

1st Sch., item 13

REQUEST FOR ALTERATION OF TRADE OR BUSINESS ADDRESS IN REGISTER OF TRADE MARKS IN THE MATTER OF the Trade Mark[s] No.[s] ..................• registered in Class I [We] \ .

of ...........................................................• Proprietor[s] "1

the Registered (a)· . User[s] r. of the Trade Markjs] numbered as J
above, request that my [our] trade address in the Register of Trade
Marks be altered to
Dated this day of , 19 .
(b) .

Note.-A Registered Proprietor or Registered User whose address has been altered by a public authority, so that the changed address designates the same premises as before, may make also the statement below in order to avoid payment of the fee; and if the statement is made, and a certificate of the alteration given by ·the named authority supplied, the Registrar, if satisfied as to the facts of the .case, will not require form TM 17 to be fee paid. (See rule 81.)

(For use only in case of an address changed by a public authority, without change of premises)

The change of address. for the entry of which application is made

above, was ordered by (a) .

onthe dayof ,19 .

(b) •......................................•

To: The Registrar of Trade Marks,

P.O. Box'3f\031, Nairobi.

Additional numbers may be given in a signed

schedule on back of form. the the
(a) Strike out

one of these words.

(b)
Signature.
(u)
Here insert the name of the public authority ordering the change, anti the date thereof.
(b)
Signature of the registered
proprietor or
user, as the
case may be.

FormTM 18

I--fu/

f_

S~~I

(a)
Signature.
(a)
Here insert words and reference num b er identifying the entry or application.
(b)
Signature.

ApPLICATION TO THE REGISTRAR l:~DER SEC nON 26 (5) A~D RULE 61
TO DISSOLVE THE ASSOCIAT10~ BET\\'ElN A REGISTERED 'fRADE .~1ARK
AND (AN) OTHER REGISTERED TRADE tv! ARK(S)

(To be 'accompanied by a Statement 0/ Case)

IN THE MATTER OF a Trade Mark No . registered in Class . I [We] .

the Registered Proprietor[s] of the above-numbered Trade Mark, hereby apply that the association of this Trade M ark with the following Trade Mark[s] registered in my [our] name :

No registered in Class . No. registered in Class . may be dissolved and the Register amended accordingly. The grounds for this application are set forth in the accompanying Statement of Case. Dated this day of ................• 19 .

(a) ..................••......•.............

To: The Registrar of Trade M arks.

P.O. Box 30031, Nairobi.
Form TM 19 FEE Sb. 10
REQUEST FOR CORRECTI ON OF AMEND CL ERROR; ApPLICATION ERICAL OR FOR PERMISSION '10

IN THE MAlTER OF (a) ......••....•••••••••••••••••••••••••• I ['We], being the ~ . hereby request that . .................................................................................................... .. .. ....................................II .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. ...... ...... .. .. .. .... .. ......... .. ..... .. .. ...... .. .. .... .. .. .. .. .... .. .. .. .. .. .... .. ... .. .. .. ... .. .. .... .... .. .. .... .. .. ... .. .. .. .. .. .. ... .... .. .. .. .. .. .. ... .. .. .... .. .. .. .. .. .... .. .. ... .. .. .. .... .. .. ..... ..•......•....•••••..".." """"""" ".." ""..e-" " . "" """ .. """ .. " .. " .;.." .. """ . ... .. " "" " " " .." .. " .. " " " """" " ..

Dated this day of , 19 .

(b) .

To: The Registrar of Trade Marks,

P.O. Box 30031, Nairobi.

FEE

Form TM 20

1st Sch., items io, lOa

REQUEST TO. ENTER CHANGE OF NAME OR DESCRIPTION OF REGISTERED
PROPRIETOR (OR REGISTERED USER) OF TRADE MARK UPON
THE REGISTER

I [We] (a) ~ . ........................................................ .. .. .. .. .. . .. ..... ..... .. .. ... ... .. .. .. .. .. .. .. .... ..

hereby request that my [.our] name[s] and description[s] may be entered in the Register 0 f Trade 1\1 arks as proprietor[s] [or registered user[sJ] of the Trade Markjs] No.[s] (b) registered in Class .

I am [We are] entitled to the said Trade Mark [or to use the said Trade Mark as registered user[s]].

There has been no change in the actual proprietorship [or the identity of the registered user[s]] of the said Irade Mark, but (c)

The entry at present standing in the Register gives my [our] namc[s] and description[s] all as follows: ..............................................................................................................

....... It.. " ..

Dated this day of '..........• 19 .

(d) ..............................•..•....•.

I'o : The Registrar of Trade Marks,

P.O. Box 30031.
Nairobi.

(a)
Here Insert present name, address, and description of registered proprietor or. registered user.
(b)
Additional nurnbers may be

given on a

signed schedule on the back of the form.

(c)
Here. state the cireum stances un der which the change of name took place.
(d)
Signature.

(a) Here insert the trade or business address and description of the applicantts) or his (their) firm.

.(b) Signature.

Form TM 2] FEE

She 10

~PPLTCATION BY REGISTERED PROPRIETOR OF TRADE MARK FOR THE CANCELLATION OF ENTRY THEREOF IN REGISTER (Paragraph (c) of section 37 (1) and rules 85 and 86) ~N THE MATTER OF Trade Mark No . Class . Name of Registered Proprietor .

Trade or business address .
Description
Application
is hereby made by .
of (a) ...•.••.....................•.................•... [or ·by
·............... .. a member of the Firm of .

·......................... .. of (a) ............•..........•.... on behalf of my said Firm] , .

· .

~

that the entry in the Register of Trade Marks of the Trade Mark No. in Class ' . may be cancelled.

Dated this day of , 19 .

(b) . To: The Registrar of Trade Marks.

P.O. Box 3003l.
Nairobi.

Note.-:-Rule 85 requires that an application in form TM 21 shall be signed by the Registered Proprietor of the Trade Mark, or other person entitled under that rule, unless in exceptional circumstances the Registrar otherwise allows.

FEE

Form TM 22
Sb~ 10

ApPLICATIO:-.l BY REGISTERED PROPRIETOR OF TRADE MARK TO THE
REGISTRAR TO STRIKE OUT GOODS FROM THOSE FOR
WHICH
THE
TRADE MARK IS REGISTERED

(Paragraph (d) of section 37 (1) and rules 85 and 86)

IN THE MATTER OF Trade Mark No . registered in Class . Name of Registered Proprietor .........................•...••...

Trade or business address .....•.....•..•••••••••••••.•.••.•••••
Description .
Application is hereby made by .
of
(a)
[or by ..:.. . a member
of the Firm of .

....................................... .

on behalf of my said Firm] .

for the striking out of (b) .................................•....
from the goods for which the Trade Mark No.
is registered in Class .

Dated this day of , 19 .

(e) ......................................•.

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

Norc.-Rule 85 requires that an application on form TM 22 shall be signed by the Registered Proprietor of the Trade Mark, or other person entitled under that rule, unless in exceptional circumstances .the Registrar otherwise allows.

(a)
Here insert the trade or business address and description of the applicant(s) or his (their) firm .
(b)
Here desig

nate the goods to be struck out.

(c) Si~nature.

Form T~f ~3

(a)
Here insert the name, trade or business address and description of the registered proprietor.
(b)
Signature.
(a)
Here insert name, trade or business address and description.
(b)
Here fill in full particulars.
(c)
Signature.

REQUEST BY REGISTERED PROPRIE'IOR OF A TRADE MARK THAT A DISCLAIMfR OR l\1EMORANDtJM RELATING' THERETO MAY DE REGIS fERED

Request is hereby made by (a)

•• I •••••• ~ '••••••••••••••• I ••••

.............................. of

for the addition to the entry in the Register in connexion with Trade

Mark No. . in 'Class of the following .

........................................ f··.········· .

Dated this day of J9 .

fb) .

To: The Registrar of Trade Marks.

P.O. Box 30031.
Nairobi.

Form Tivl 24

ApPLJC"TJO~ BY REGISTeRED PROPRIETOR UNDER Sr:CTIO~ 38 FOR :\~ ADDITION TO OR AL"EI{;\TIO~ OF .J.,. REGISTERED TR.J.,.OE MARK

(Rules 89 to Y2)

iN THE M.~TTFR OF the Trade Mark No .

in Class .

Application is hereby made by (a) ...............•..........

.............................. of. . .

. , being the Registered Proprietor[s] of the registered Trade Mark numbered as above, that the Registrar shall add to' it or alter it in the following particulars. that is to S:lY (b) ..

Four copies of the mark as it will appear when so altered arc filed herewith.

Dated this day at 19.

(c) .....................................•.

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

FEE

15t Sch.. items

12. J ~(/

FEE

Form TM: 25

Sh.60

ApPLlCATIO~-J 10 THE REGIS I RAJ{ FOR THE RECTIFIC""lION OF llIE

REGISTER OR THE REMOVAL OF " TRADE l\1ARK FROM TilE
REGIS1ER

(To be accompunicd hy a copy and a St atcmcnt 0/ Case in duplicate)

IN THE M..\"J1 ER OF the Trade ~1 arkNo . registered in the name of . in Class '.' .

I [We] (a) (a) Here state full name and address.

'hereby apply that the entry in the Register in respect of the above-

mentioned Trade ~t ark may be removed (b) rectified in the following (b) Strike out the word(s) not npplicable.

manner : :.

The grounds of my [our] application are as follows: .

........\ ;'" .

No action concerning the Trade ,\1 ark in question is pending in the Court. Address for service in Kenya in these proceedings ................... "" "" "" .. "."" .. ".".""" ".

"

Dated this day of 19 .

(c) ......................•.•............... (c) Signature

To; The Registrar of-Trade Marks.

P.O. Box 30031,
Nairobi.

(a)
Here state full name and address.
(b)
Signature.

FEE

Form TM 26

Sh.40

APPLJC.~TlON TO THE REGISTRAR FOR LEA vs TO INTERVENE IN
PROCEEDINGS RELATING TO THE RECTIFICATION OF THE
REGISTER OR THE REMOVAL OF A TRADE MARK
FROM THE REGISTER

IN THE MATTER OF Trade Mark No .

registered in the name of " .

in Class .

I [We] (a) ...•••...•.......•.•..•••..............•..•.....

hereby apply for leave to intervene in tbe proceedings relating to the

rectification or removal of the entry in the Register in respect of the

above-mentioned Trade Mark.

My [our] interest in the Trade Mark is .

Address for service in Kenya in these proceedings: .

...............................................................
.......................................... .....................

Dated this day of , 19 .

(b) .

To: The Registrar of Trad~ Marks.

P.O. Box 3003 J•
Nairobi.

FEE

Sh.30

Form TM

(Request J only) Sh.40 (Both Requests) I

I-REQUEST FOR SEARCH UNDER RULE 114

The Registrar is hereby requested under rule 114 to search in Class (a) in respect of (b) .. ......................... to ascertain whether any Trade Marks are on record which resemble the Trade Mark sent herewith in duplicate (each representation being mounted on a half-sheet of foolscap).

Dated this day of , 19 .
(c) .
(d) .

II-REQUEST FOR REGISTRAR'S PRELIMIN.4.RY ADVICE AS TO
DISTINCTIVENESS OR CAPABJLlTY OF DISTINGUISHING.
BY A PERSON PROPOSING TO ApPLY FOR THE
REGISTRATION OF A TRADE MARK

(Section 43 and Rule 20)

I [We] (e)

hereby request the Registrar to advise me [us] whether the Trade Mark referred to above appears to him prima facie to 'be inherently adapted to distinguish or inherently capable of distinguishing my [our] goods above mentioned. so as to comply with the requirements of section 12 or section 13 respectively of the Act for registrability in Part A orPart B of the Register.

Dated this day of 19 .

(f) .

To: The Registrar of Trade Marks,

P.O. Box 30031. Nairobi.

:\Tore.-Request I must be completed in all cases.

(a) The Registrar's direction should be obtained if the cla ss is not known.

(lJ) Here specify the goods (in the class stated) in respect of which the search is to be made.

(c)
Signature
(d)
Address
(e)
Here state name and ad· dress in full.
(j)
Signature.

1---· FEE I

Form Tty} 28

LSh.20

Ca) Here stale name and address in full.

l/J) To he sent in duplicate.

(c) Here specify the goods. Onlv goods ineluded in one and the same class should be specified. A separate form of request is required for each class.

td) Here insert the number of the class (if known). In the case of doubt I he ~ Registrar's direction may be ohtained.

(e) Signature.

REQUEST fOR REGISTRAR'S PREUMINARY ADVICE AS TO DISTINCTIVE·
NESS OR CAPABILITY OF DISTINGUISHING, BY A PERSON PROPOSING
TO ApPLY FOR THE REGISTRATION OF A TRADE MARK

(Section 43 and Rule 20)

I [\Ve] (a)

hereby request the Registrar to advise me [us] whether the Trade Mark shown on the accompanying foolscap sheet (b) appears to him prima fade to be inherently adapted to distinguish or inherently capable of distinguishing my [our] goods so as to spmply with the requirements of section 12 or section 13 respectively of the Act for registrability in Part A or Part B of the Register.

The goods in respect of which J [we] propose to apply for regis [ration of the said Trade Mark are (c) .

in Class (d) .

Dated this day of '., 19 .

(e) •...•..........................

To: The Registrar of Trade Marks,

P.O. Box 30031,

Nairobi.

Note.-If and when an application is made to register the trade mark, objection may arise if identical or resembling trade marks are found on the Register. A prior notification of any such relevant marks (if any are to be found) can be obtained by a request to the Registrar made on form TM 27 (Free She 30).

!---PE;-----····_·

Form Tfvf 29

1st Sch., item

Sa

ApPLICATION FOR THE ApPROVAL BY THE REGISTRAR UNDER PARAGRAPH 1 OF THE THIRD SCHEDULE TO THE ORDINANCE AND RULE 79 OF AN ASSIGNMENT OR TRANSMISSION OF A REGISl ERED TRADE MARK. BEFORE THE ApPOINTED DAY, RESuLTING IN EXCLUSIVE RIGHTS IN DIFFEREt-:T PERSONS FOR DIFFERENT PARTS OF KENYA

(To be accompanied by a Statement of Case in duplicate and a Copy of the Instrument effecting the Assignment or Transmission)

IN THE MATTER OF Trade Mark[s] No.[s] .

registered in the nam~ of "..

in Class 0•• 0••• 0 • 0 • 0 • 0•••• 0•••••• ~ • 0 0 0 •000• 0 0 0•••0 • 0 0••••0••••

Application is hereby made by (a)

0 ••••••••••••••••

of 0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 0

who claims that the above-numbered registered Trade Mark[s] was

[were] on the (h) day of ,19.

(c) assigned [transmitted] to him [to (d) . 0 •••••••••••••••••••••• 0 •

of 0 ••••••••••• 0 •••••••••••••••••••••••••••••••••••••••••••••• 0'

who was his predecessor in title,] in respect of the following goods,

namely

o ••• 0 •••••••••••••••••• 00 •••• 0 ••••••••• 0 •••••••••

by or from (e)

0 •••••••••••••• 0 ••••••••••••••••••• 0

of . who was the registered proprietor of the said Trade M ark, in circumstances that arc stated fully in the accompanying Statement of Case, for the approval by the Registrar of the aforesaid (c) assignment

[transmission].

Dated this o. 0 ••••••••••• 0 0 day of ... 0 •••••••••••• , 19. 0 • 0

(f) ..•.......................••..•....

0 0•• 0

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

ta) Insert here the name and trade or business address of the transferee who claims.

(b)
Insert here the date which m us t precede the appointed day.
(c)
Strike out the words that are not applicable. .
(d)
Insert here the name' and trade or business address of the predecessor in title, if any.
(e)
Insert here the name and trade or 'business address of the registered proprietor who ass r.s ned or transmitted.
(J)
Signature.

FEE Form T~1 30

1st Sch., items

23, 23a

•...•• These words may .be varied to suit other cases.

(a)
Here set out the particulan which the Registrar is required to certify.
(b)
Strike out words that are not applicable.
(c)
Signature.
(d)
Address.

REQUEST FOR GENERAL CERTIFICATE OF THE REGISTRAR (INCLUDING
CERTIFICATE OF REGISTRATION OF A TRADE MARK)
(Rule 109)

IN THE MATTER OF *the Trade Mark No.

registered i.n

Class .

I [We] pi .

hereby request the Registrar to furnish me [us] with (b) his Certificate

that (a) ..' .

.............................................................. .

(b) a Certificate. of Registration of the Trade Mark (b) for use in obtaining registration abroad.

0

Dated this day of 19 .

(c) ...•...••...............•....•........•.

(d) •.

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

Rule11l. (1) Where a certificate of registration ofa trade .nark is issued for use in obtaining registration abroad. the Registrar shall include in. the certificate a copy of the mark. an? may require the applicant for the certificate to furnish him with a copy of the mark suitable for the purpose, and if the applicant fails to do so may refuse to issue the certificate.

(2) The Registrar may state: in the certificate such particulars concerning the registration of the mark as to him seem fit, and may omit therefrom reference to any disclaimers appearing in the register; but in the last-mentioned case the certificate shall be marked "For use in obtaining registration abroad only".

FEE

Form TM 31

Sh.60

ApPLICATION UNDER SECTION 30 AND RULE 36 FOR REGISTRATIO~ OF AN • Write distinct
INVENTED WORD (OR WORDS) IN PART* OF THE REGISTER ly here uAt> or
AS A D~FENSIVE TRADE MARK "8" according
to the registra
tion desired.
One represent
ation to be fixed
within this
space. and four
others to be
sent on separate
forms TM3.

Application is hereby made fpr Registration in· Part" of the

" ......-..-.-..." " ." ""

-Register of the above word[s] as a Defensive Trade Mark in Class
· -. . . . . . .. in respect of (a) _ ~ .•.•..........•••.•
·

" """ " " " """"""""""""""""""""""""""" """""""""" " "" """

·..--..... ".

in the name of (b) _.

of (c) ..................•...............".......•..........••.•.

; "" """"""""""""""."" " """" """"" "" " " .. " " """"" """""""" """""""""."""

trading as (d) . who is [are] the proprietor[s] of the same Trade Mark registered in Class (e) ...........•..........•................................

"""" " """.""""" "" ".. "" .. " " " "" "" "" " "" "" " " " """ " """" """"" " " " """" """"

in respect 'of under No. . .

According to my [our] information and belief 'the word[s] is [are] invented.

The particulars of the facts on which I [we] rely in support of this application are set forth in the accompanying Statement of Case (f).

Dated this day of , 19 .

(g) ....••..•.•...••.....••.••.•....•..•••••

To: The Registrar. of Trade Marks,

P.O. Box 30031, Nairobi.

(a)
Here specify the goods. Only goods ineIuded in one and the same class should be specified.
(b)
Here insert legibly the full name. description and nationality of the individual, firm or body corporate making the application. The names of all partners must be given in fuJI. If the applicant is a body corporate. tho kind and country of origin should be stated.
(c)
Here insert the full trade or business address of the applicant.
(d)
Here insert the trading style (if any).

re) Here insert particulars of the applicant's registration of the trade mark.

(f) To be furnisbed in duplicate.

(g) Signatme.

(a)
Here insert [he full name and trade or business address of the person making the request.
(b)
Additional numbers may be given in a signed schedule on the
back of the
form.
(c) State here

the precise entry or changed entry desired.

(tl) Signature.

------._-···FEE------·

1 .If left after registration, 15t Schedule,

Form T!vi 32

iterns 24, 24a
If left at the time of
registration, no fee·

FORM OF REQUEsr '10 THE REG!STRAR BY A REGIS"!'ERED PROPRIETOR

OR A REGISTERED USER OF A TRADE MARK, OR .... PERSON ABOUT TO

BE SO REGISTERED, TO ENTER, ALTER OR SUBSTITUTE AN ADDRESS

FOR SERVICE AS PART OF HIS REGISTRATION

(Rules ]3, 81) Request is made by (a) .

........................................, .

who is about to be registered as [or who is the Registered] Proprietor [User] of Trade Mark[s] No.[s] (bO) [registered] in Class for the inclusion [or addition, or alteration, or substitution] of an address for service in Kenya in or to the entry thereof so that the address for service may read (c) .

........................................, .

Dated this day of , 19 .

(d) '...•.•.

To: The Registrar of Trade Marks,

P.O. Box 30031!
Nairobi.

Notes>-..( I) A Registered Proprietor or Registered User whose address for service in Kenya has been altered by .a public authority, so that the changed address designates the same premises as before, may make also the statement for which there is provision on the back of this form in order to avoid payment of the fee.

(2)
By rules 13 and 81 an application in form TM 32 must be signed by the Applicant for registration or the Registered Proprietor or' Registered User, as the case may be, or by an agent 'expressly authorized by him Ior the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.
(a)
Here insert the name of the public authority ordering the change and the date thereof.
(b)
Signature of the registered proprietor or registered user as the case maybe.

*No fee will be payable on a request in form TM 32 to enter an initial address for service as part of a registration if it accompanies one of the forms TM 9, ]4, 15 or 48.

[P.T.O.

[Back]

(For use only in case of an address for service changed by a public authority, without change of premises)

The change of address for the entry of which application is made on the other side of this form, was ordered by (a) .................• ........ " """ " "". on the dayof ' ,19 . Dated this day of , 19 .

(b) .

Note.-If the above statement be made, and a certificate of the alteration given by the named authority be supplied, the Registrar if satisfied as to the facts of the case, will not require a fee to be paid, (See rule 81.)

(Subsidiary]

Form TM 33 RFGL'LATIO:'-JS fOR GOV[H.~I>;(j °1 HE USE Of CERTifICATION TR\Ol: I\YAHK

(Section 40 and First Schedule-Rule 39)

Regulations for governing the use of Certification Trade Mark No. in Class . in respect of (a) ...................................•......•.••

•..•••..•••••••..••••• ••••...'•..••••••..••••• ~.. • •..• .............. •..•..•..II ..• ..

(For Official Usc) Advertized in the Gazette Vol. at page . on the dayof ,19 .

Date of Application and Registration . ................. .:... )9 .... To: The Registrar of Trade Marks,

P.O. Box 30031 ~
Nairobi.

FEE

Form TM 34

1st Sch., item

19a

REQUEST FOR THE CONSENT OF THE REGISTRAR TO ALTERATION OF THE DEPOSITED REGULATIONS FOR USE OF A CERTIFICATION TRADE MARK

(Section 40 and First Schedule-Rule 94)

Application is hereby made by (a) . ..........................................................................................................................

who is [are] the Proprietor[s] of the Certification Trade Mark[s] No.[s]

(b) . registered in Class (c) in respect of Cd) .

that the deposited Regulations for governing the use of the Mark may be altered in the manner shown in red in the accompanying copies (e) of the Regulations as proposed to be altered, and for the consent of the Registrar to such alteration.

Dated this day of , 19 .

cn .

To: The Registrar of Trade Marks.

P.O. Box 30031,
Nairobi.

(a)
Here specP fy the goods of the registration.
(a)
Here insert name and address of the proprietor(s) as registered.
(b)
If the same regulations apply to more than one registration. state the num
bers of all the
registration.
(c) Add j -

tional numbers and specifications may be given in a signed schedule on the back of the form.

(d)
Here state the specificalions of the respective registrations.
(e)
Th ree copies should be furnished.

(/) Signature.

(a)
Here state full name and address.
(b)
Strike out either paragraph that is not applicable.
(c)
Strike out one of these lines.
(d)
Signature.

FEE

Form TM 35

Sb.60

ApPllCATIO~ TO THE COURT FOR AN ORDER EXPUi\;~ING OR VARYING
AN
ENTRY IN THE REGISTER RELATING 10 A CERTIFICATION
TRADE MARK OR
VARYII'G THE Dazosn ED REGULATIONS

(Section 40 and First Schedule-Rule 93)

(To be accompanied by a copy and a Statement of Case ill duplicate)

IN THE MAlTER OF Certification Trade Mark No .

registered in the name of .

in Class ..........................•.

I [We] (a) ............•...................................

being [an] aggrieved person[s] hereby apply for an order of the court

that:

1. (b) The Entry in the Register in respect of the above-mentioned

Trade Mark may be (c) expunged [or varied in the following manner

·)

2. (b) The deposited Regulations governing the use of the above

mentioned Trade Mark may be varied in the following manner ....

·.

~

The grounds of my [our] application are as follows: .

·. ·.

Address for service in Kenya in these proceedings: .

·.

Dated this day of ,. 19 .

(d) .

To: The Registrar, The High Court, Nairobi.

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

[Subs~diary ]

Form T~l 36

FEE

She 50

NOTICE TO ,THE REGISTRAR UNDER PARAGRAPH 2 (I) OF THE FIRST
SCHEDULE TO THE ACT AND RULE 58 OF OPPOSITION TO AN
ApPLICATION FOR REGISTRATION OF
A CERTIFICATI,ON TRADE
MARK

(To be filed ill triplicate)

by of IN THE MATTER OF an Application No . . .
I [We] (a) ...........•..•........•........................

.................................. hereby give notice of my [our] intention to oppose the Registration of the Certification Trade Mark advertised under the above number for Class in the Gazette of the day of .., , 19 . Vol. , page .

The grounds of opposition are as follows:

(b)

Address for service in Kenya in these proceedings:

Dated this day of , 19 .

(c) ..••..•...•......••.•..•................

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

(a)
Here state full name and address.
(b)
The grounds should . be limited to matters referred to in paragraph 2 (l) of the First Sched ule to the Ordinance.
(c)
Signature.

(Subsidiary)

FEE

Form TM 37

Sh. 30

FORM OF COUNTER-STATEMENT IN REPLY TO NOTICE TO l"HE REGISTRAR
UNDER PARAGRAPH 2 (1) OF THE FIRST SCHEDULE TO THE ACT
AND RULE 58 OF OPPOSITION TO AN ApPLlCAnON FOR
REGISTRATION OF A CERTIFICATION
TRADE MARK

(Tv b~ /ilt,J in triplicate)

l~ THE MATrER Or-an Opposition No to Application for registration of a Certification Trade Mark No.

I [We] ... 0

000.00•0.0'0•••000000000000000• 0000000000.000• 00

the applicant[s] for Registration of the above-numbered Certification Trade Mark hereby give notice that the following are the grounds on which I [we] rely as supporting my [our] application:

I [We] admit the following allegations in the notice of Opposition:

Address for service in Kenya in these proceedings:

Dated this day of . 0 19... 0

0 0 • 0000 0 0 00000'

(a) Signalure. (a)

0.0.0.0. 0 0 0 0 000.00000000000 0 • 0 0 0 0 0 0 00000

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

FEE

Form TM 38

Sh.50

HEARING BY THE REGISTRAR OF AN OPPOSITION UNDER PARAGRAPH 2 (2)
OF THE FIRST SCHEDULE TO THE ACT AND RULE 58TO AN
ApPLICATION FOR REGISTRATION OF A
CERTIFICATIO~ TRADE
MARK

NOTICE OF ATTENDANCE AT HEARING

[We] (a) ..... _. . . . . . . . . . . . . . . . •. •. . . . . . ••. . . . . . . . . . . . . ••

of ,.0 ••••••••••••••••••••••••••••••••••••••

hereby give notice that the Hearing by the Registrar of the arguments in the case of Opposition No to Application No . for the registration of a Certification Trade Mark, which by the Registrar's Notice to me [us] dated the day of , 19 , is fixed for a.m. or p.m. at jfie Registrar's Office on the day of , 19....• will be attended by me [us] or by some person on my [our] behalf.

Dated this day of , 19 .

(b)
•................•......................
(c)
...•....................................

••••••••••••••••• •••••••e••••••••••••••••

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

(a)
Here insert name and .address.
(b)
Signature.
(c)
Addresl.

FEE Form TM 39

1st Sch., item 8

(a)
Here insert the name and trade or business address of the registered proprietor.•
(b)
Here insert the name and trade or business address of the proposed assignee.
(e)
Signature.

ApPLICATION FOR THE CERTIFICATE OF THE REGISTRAR UNDER SECTION 25 (5) AND RULE 79 WITH REFERENCE TO A PROPOSED ASSIGNMENT OF A REGISTERED TRADE MARK .

(To be accompanied by a Statement of Case in duplicate and a copy of the proposed assignment)

IN THE MATTER OF Trade Marks[s] No.[s] ..........•....•.....
·..........•...... .. registered in the name of :••.
_~

· ,.

in -Classjes]

o •••••

· --'" .

Application is hereby made by (a) ......................••••••

of.. 0

••••••••••••• 0 ••••••••••••••••• 0 0 • 0 0 ••••••• 0 0 •

being the Registered Proprietor[s] of the above-numbered registered Trade Mark[s], for the Registrar's Certificate under section 25 (5) with reference to a proposed assignment of the registered Trade Ms'rkjs]

No.[s] to (b)

0 ••••••••••••

of 0 •••••••••••••••••••• 0 •• 0 • 0 ••• 0 0 0 •••••••• 0 0 •

in circumstances that are stated fully in the accompanying Statement of Case.

Dated this day of 19•...

00 ••••••••• 00. 0 OJ

(c) .

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

FEE

Form TM 40

1st Scb., item 8a

ApPLICATION FOR THE ApPROVAL BY THE REGISTRAR UNDER SECTION 25

(6) AND RULE 79. OF A PROPOSED ASSIGNMENT, OR OF A TRANSMISSION. (oN OR AFTER THE APPOINTED ·DAY), OF A TRADE MARK RESULTING IN -EXCLUSIVE RIGHTS IN DIFFERENT PERSONS FOR DIFFERENT PARTS OF KENYA

(To be accompanied by a Statement of Case in duplicate and a Copy of the Instrument proposed for the Assignment or effecting the . Transmission)

IN THE MATTER OF [a] Trade Mark[s]

Registered underr No.js] .

in Class[es]
the property of _
~ .

Application is hereby made by:

t (1) (a) ................................•.•.•...........••

of ..................................................•...... '.
the Proprietor of the Trade Mark[s] shown
in the accompanying
Statement of Case
(b) [registered in his name] [and used by him] irrespect of the following goods .
for approval by the Registrar of a proposed assignment of the Trade
Mark[s]
to (c) ..............•.•....•..•.•.•..••.•••.•.••••••••••

·. of ~ .
in res pert of the following goods
to
be sold or otherwise traded in in (d)
· [and to (c)

• ••••••••••••••••••••••••••••••••••••••• , •• c. ••••••••••• -I •••••••

of ..,~ . in respect of the following goods ...•......-.....•••........•.....

-To be struck out in the case of unregistered trade marks.

tStrike out either paragraph

(1)
or paragraph (2).
(a)
Insert here the name and trade or busines, address of the proprietor.
(b)
Strike out either if not applicable.
(c)
Insert here the names and trade or business addresses of the proposed assignee or assignees.
(d)
Insert tbe name of the place in Kenya.

[Subsidiary]

to be sold or otherwise traded in in (d) .......................••".]

,. in circumstances that are stated fully in the accompanying Statement of Case.

(e)
Here insert the name and trade or business address of the person who claims a transmission to him.
(J)
Insert hero the date of the t ran s mission which must not precede the appointed day.
(g)
Strike out the words that are not applicable.

(Ii) Insert here the name and trade or business address of the predecessor in title, if any.

(n Insert here the name and address of the person who transmitted.

(1') Signature.

t (2) (e) ....... eo'" '0 ..

of" .

.. ''0 '.

who claims that the Trade Mark[s] shown in the accompanying Statement of Case was [were). in respect of the following goods. namely:

................................................................ , ..

and on the (f) ..... , .... , ..... day of ., ..............• J9." .• transmitted to (g) him for to (h) . of..,,, ,, . (who was his predecessor in title)] by or from (i) : ,.

.of ,.,.., . by whom the Trade Mark was then used in respect of the following goods, namely , " . all in circumstances that arc stated fully in the accompanying State

ment of Case. for approval by the Registrar of the aforesaid transmission.

Dated this -,....... .. day of ..•...•......,.., 19 .

(11 ••••••••••••••• , ••••••••••••••••••••••••

To: The Registrar of Trade Marks.

P.O. Box 30031,
Nairobi.

FEE

Form TM41 l. 1st Sch., J item 8b _

ApPLlc:\TrO'J TO THE REGISTR:\R UNDER SECTION 25 (7) AND RULE 80

FOR DIRECTIO:--':S FOR THE ADVERTISEMENT OF AN ASSIGNMENT

OF TR.\OE !\1 ARKS OTHER\\iISI3 THAN IN CONNEXION WITH THE

GOODWILL Or THE BUSINESS

(To he accom ponicd by a duplicate)

Application is hereby made by (a) ..........•...............

.............................................................. , '0 .

of . for the Registrar's Directions with respect to the advertisement of an assignment to him [them] of the following Trade Marks otherwise than' inconncxion with the goodwill of the business in which they were used at the time of assignment, namely-··

(1)
Registered .Trade Marks: Goods in respect of which the .Registration Number Class Mark has been used and is
(h)
assigned

all of which are ,?r were registered 10 the name of (c) .

•• 0 • 0•••• 0••••••••••• 0 • 0••• 0••

of .

o • 0 0 ••• 0 •••••••••••••• ; • 0 ••• ,

who is the assignor.

(2) Unregistered Trade Marks (d), all being Marks used in his business at the time of the assignment in respect of the goods stated

below by (c) .. 0

0 •••• 0 •••••••••••••••••••••••••••••••••••••••••

of ~ , who is the assignor: Representation of Mark Goods in respect 'of which the Mark

(b) has been used and is assigned

•••• 0 •••••••••••••• 0

The date of assignment was the . 0 day of

......................, 19..•.

The instrument effecting the assignment is sent herewith, together with a copy thereof.

It is suggested that advertisement shall be directed as follows,

namely, in

o' •••••••••••••••••••••••••••••••••••••

Dated this 'day of , 19 .

(e) ...•..........................•••.••..•.

To: The Registrar of Trade Marks, PoO Box 30031, Nairobi.

(a)
Here insert the name and trade or business address of the assignee (applicafit),
(b)
Additional Marks and numhers may be given in a signed
(c)
Here insert the name and trade or business address of the proprietor (3Ssignor).
schedule on the
back of tho
form.

(d) Only those unregistered trade marks

passing by tbe one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered

may be stated here.

(e) Signature.

FEE

Form TM 42 1st Sch., item 8e

ApPLICATION FOR EXTENSION OF TIME !N WHICH TO ApPLY FOR THE REGISTRAR'S DIRECTIONS FOR THE ADVERTISEMENT OF AN ASSIGNMENT OF TRADE MARKS OTHERWISE THAN IN CONNEXION WITH THE GOODWILL OF THE BUSINESS

(Section 25 (7) and Rule BOt

(a) Here insert Application is hereby made by (a) •...•..••.••••.••.•••••••• the names and trade or business addresses of the assignee (appliof " .. ", ", .. , .

cant),

(h) Here insert for extension of time of (b) ,.;.,.,., ••• month[s] in which to apply "one" or "two"

for the Registrar's Directions for the advertisement of an assignment

or "three", to him [them] of the following Trade Marks otherwise than in con

nexion with tbe goodwill of tbe business in which they were used at

the time of assignment, namely

(1)
Registered Trade Marks: Goods in respect of which tbe Registration Number Class Mark has been used and is
(c) assigned
(e)
Additional Marks and num

all of. which are or were registered in the name of (d) , ,.

bers may be given in a signed

, ,., , " , ,," of ..", ".., ,.-, .

sched ule on the back of tho

.. , , , who is the assignor.

form.

. ,

(d)
Here insert
(2)
Unregistered Trade Marks, all being marks used in his busi

the name and

trade or business ness at the time of assignment and in respect of the goods stated below
address of the
proprietor (asby (d) ,.., , ,., of-,..,..,., ,, .
signor).

.,. ,. .

'

who is the assignor:

Representation of Mark Goods in respect of which the Mark

(c) bas been used and is assigned

The date of assignment was the , "., day of

19....

Dated this ..... " ... "., .. day of .,' .. , .... , .... ,." 19.. ,.

(e) Signature. (e) ••... , .•. , ..•..• , , .. , ,.,.. ,

To: The Registrar of Trade Marks,

P,O. Box 30031,
Nairobi.

FEE

Form TM 43

Sh. 10

ApPLICATION TO THE REGISTRAR UNDER RULE 6 BY THE PROPRIETOR OF
A REGISTERED TRADE MARK FOR THE CONVERSION OF THE
SPECIFICATION FROM SECOND SCHEDULE TO THIRD
SCHEDULE

IN THE MAlTER OF the Trade Mark No registered in the name of .....................•..........•.....................

in Class of the Second Schedule.

Application is hereby made by (a) '.' .............•..•.

................................................................................................................... e ••

the Registered Proprietor of the above-mentioned Trade Mark, for the conversion of the specification of the above-mentioned registration (b) [and tfc spcclficatlonisi of the Registered Vser[s] thereunder] from the Second Schedule to the Third Schedule of the Trade Marks Rules.

The specification[s] entered in the Register in accordance with the Second Schedule is [are] .

Application is made th.at the Registrar should propose tbe

following specification[s] in accordance with the Third Schedule, upon conversion:

Class .......................' ..

Class

Dated this . . day of ,19 .

(c) .

To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

Ca) Here insert the name and trade or business address of the registered proprietor (applicant).

(b)
Delete the words in brackets if there are no registered users.
(c)
Signature.

«(I) The numbers of more than one-Trade Mark dealt with by the same proposal may be given, provided the specifications are the same.

(b) Here state
futI name and
address.

FEE

Form TM 44 1st Sch., item 20a

NOTICE OF OPPOSITJO~ TO PROPOSAL FOR CO~VERSION OF
SPECIfICATION

(Section 39 and Rule 7)

(To be accompanied by a duplicate and a statement, ill duplicate.
showing how the proposed conversion would be contrary to
section
39 (2»

IN THE MATTER OF (a) Trade Mark[s] No.[s] registered

in the name of .
In Class of the' Second Schedule to the Rules.
I [We] (b)

........................................................ hereby give notice of my [our] intention to oppose the proposal for the conversion of the specification[s] of the Trade Mark[s] advertised in the Gazette of the day of , 19 , Vol. , page .

The grounds of opposition arc 3-io follows:

My [our] address Ior service in Kenya in these proceedings is:

Dated this day of , 19 .

(c) Signature. (c) ,. .......•....••.•...... To: The Registrar of Trade Marks,

P.O. Box 30031,
Nairobi.

Form TM 45 FEE

[

Sh.50

------,

NOTICE OF OPPOSITIO:-.J TO ApPLICAllON UNDER SECTION 38 FOR ADDITION TO OR At,TER"'T10~