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 appearing in Schedule II, unless any specification has been converted to Schedule III in accordance with rule 6.

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 Schedule III.

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 appearing in the Second Schedule; unless, specification has been converted to Part I of the Third Schedule in accordance with rule 6.

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 registration dated before that day whereof the specifications have been converted in accordance with rule 6, goods are classified in the manner appearing in Part I of the Third Schedule.

For the purposes of service marks registrations, services are, classified in accordance with Part II of the Third Schedule.

This rule applies with respect to a trade mark registered for goods or services classified in accordance with a classification system that has been amended or replaced since those goods or services were classified.

The goods or services described in paragraph (1) are not required to be reclassified in accordance with the new classification system unless application is made under rule 7.

The registered proprietor of a trade mark described in rule 6(1) may apply to have the classification of the goods or services in respect of which the trade mark was registered adapted so that they are classified in accordance with section 6(2) of the Act.

An application under this rule shall be made to the Registrar in Form TM 43.

The Registrar shall determine what amendment he proposes to make in relation to an application under this rule and shall notify the applicant of that proposal as required under section 39(3) of the Act.

The advertisement of the proposed amendment required under section 39(3) of the Act shall be made in the Journal or the Kenya Gazette.

A person who wishes to oppose the proposed amendment shall do so by filing a notice of opposition with the Registrar within thirty days after the date of advertisement.

The notice of opposition shall be in Form TM 44 and shall be filed in duplicate.

The notice of opposition shall be accompanied by a statement, in duplicate, showing how the proposed amendment would be contrary to section 39(2) of the Act.

The Registrar shall send the duplicate copies of the notice of opposition and the accompanying statement to the applicant.

The applicant may file a counter-statement with the Registrar setting out fully the grounds on which the applicant contests the opposition.

The counter-statement shall be in Form TM 7 and shall be filed in duplicate within thirty days after the applicant received the notice of opposition.

The Registrar may allow or require evidence to be adduced and, if the Registrar so decides, rules 49 to 52 shall apply, with necessary modifications, subject to any directions given by the Registrar.

Before deciding the matter, the Registrar shall give the parties an opportunity to be heard if either party requests it.

If a party requests an opportunity to be heard, the Registrar shall give notice to the parties of a date when he will hear the arguments in the case.

An appointment shall be for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice.

Within seven days after the receipt of the notice a party who intends to appear shall so notify the Registrar in Form TM 8.

A party who receives notice and who does not, within seven days after the receipt of the notice, notify the Registrar in Form TM 8 that he intends to appear, may be treated as not desiring to be heard and the Registrar may act accordingly.

If the Registrar makes an entry under subrule (17) he shall also enter the date when that entry was made.

No entry under this rule shall affect the period of registration of a trade mark or when it may be renewed.

A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and 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.

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.

A document purporting to be signed for or on behalf of an association of persons may be signed by any person who appears to the Registrar to be duly qualified.

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 the 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.

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

Where any person is by the Act or these Rules bound to furnish the Registrar with an address, the address 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.

The Registrar may require the address to include the name of the street and the plot number in the street of the premises.

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 carry 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.

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.

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.

In any case in which no address for 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.

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.

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.

Agents

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.

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.

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.

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)

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 those mentioned in paragraph (c) of subrule (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, or in any similar colour or colours.

Where the name or description of any goods appears on a trade mark the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.

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.

Where the name or description of any goods or the name or description of any services appears on a trade mark, the Registrar may refuse to register such mark in respect of any goods or services, as the case may be, other than the goods or services so named or described.

Where the name or description of any goods or the name or description of any services appears on a trade mark, and the name or description in use varies, the Registrar may permit the registration of the mark for these and other goods or services, as the case may be, 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 or services covered by the specification other than the named or described goods or services.

Any 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 on Form TM 28 or on 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 as the case may be in relation to those goods, and shall apply separately in relation to goods comprised within different classes of goods in Schedule III.

A notice of withdrawal of an application for the registration of a trade mark given under section 43 (3) 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.

Any 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 or services may apply to the Registrar on Form TM 28 or on 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 as the case may be in relation to those goods or services, and shall apply separately in relation to goods or services comprised within different classes of goods or services in Schedule III.

A notice of withdrawal of an application for the registration of a trade mark given under section 43 (3) 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.

A person who proposes to apply for the registration of a trade mark in relation to goods or services may apply to the Registrar for advice as to whether the trade mark appears to the Registrar prima facie to be inherently adapted to distinguish the goods or services within the meaning of section 12 of the Act or to be inherently capable of distinguishing the goods or services within the meaning of section 13 of the Act.

An application under paragraph (1) shall be in Form TM 27 and shall be accompanied by duplicate representations of the trade mark.

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

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 application shall be made on Form TM 2. For a Certification or a Defensive trade mark the application shall be made on Form TM 5 or Form TM 31 respectively. Each application shall be for registration in respect of goods in one class of Schedule III only.

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.

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.

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 application shall be made on Form TM 2. For a Certification or a Defensive trade mark the application shall be made on Form TM 5 or Form TM 31 respectively. Each application shall be for registration in respect of goods or services, as the case may be, in only one class specified in the case of goods in Part I of the Third Schedule and in the case of services in Part II of that Schedule.

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.

In the case of an application for registration in respect of all the goods or services included in a class, or of a large variety of goods or services, 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.

An application to the Registrar for registration of a trade mark shall be in Form TM 2 and shall be signed by the applicant or his agent.

Every application claiming priority under section 65 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.

In the case of an application for registration in respect of all the goods or services included in a class, or of a large variety of goods or services, 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.

An application for registration of a trade mark that is three dimensional shall include a statement to that effect.

An application for registration of a trade mark of which colour is claimed as an element shall include a statement to that effect.

An application for registration of a trade mark that includes a word without regard to its graphical form shall include a statement to that effect.

The specification of an application for registration of a trade mark for goods or services in more than one class, shall set out the classes in the same order as they appear in the classification referred to in section 6(2) of the Act.

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.

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.

Where a drawing or other representation or specimen cannot be given as prescribed in these Rules, a specimen or copy of the trade mark may be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient.

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 manner as he may think fit.

Where a trade mark contains a word or words in characters other than Roman, there shall, unless the Registrar otherwise directs, be endorsed on the application form, and on each of the accompanying Forms TM 3, a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such endorsement shall state the language to which the word belongs and shall be signed by the applicant or his agent.

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 such translation and name, if he so requires, shall be endorsed and signed as aforesaid.

Where a trade mark contains a word or words in characters other than Roman, there shall, unless the Registrar otherwise directs, be endorsed on the application form, 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 applicant or his agent.

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.

The proprietor of a registered trade mark may apply to the Registrar to add goods or services to the goods or services in respect of which the trade mark is registered, including goods or services in an additional class or classes.

An applicant for the registration of a trade mark may apply to the Registrar to amend the application to add goods or services to the goods or services in respect of which the trade mark would be registered, including goods or services in an additional class or classes.

An application under this rule shall be in Form TM 55.

These Rules shall apply, with necessary modifications, with respect to an application under this rule as though it were an application for registration of a trade mark.

Procedure on Receipt of Application for Registration of a Trade Mark

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 ninety days from the date of the communication apply for a hearing or communicate his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application.

If the applicant does not object to the conditions, amendments, disclaimer, modifications or limitations, he shall within thirty days from the date of receipt of the Registrar’s communication, notify the Registrar in writing, and alter his application accordingly.

The decision of the Registrar, at a hearing as in rule 32 or rule 33, or without a hearing if the applicant has duly communicated his considered objections or considered reply, 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 such decision he may within one month by applying upon Form TM 4, require the Registrar to state in writing the grounds of, and the materials used by him in arriving at his decision.

In a case where the Registrar makes any requirements to which the applicant does not object, the applicant shall comply therewith before the Registrar issues such statement in writing. The date when such statement is sent to the applicant shall be deemed to be the date of the Registrar's decision for the purpose of appeal.

The decision of the Registrar, at a hearing as in rule 32 or rule 33, or without a hearing if the applicant has duly communicated his considered objections or considered reply, 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 such decision he may within one month from the date of receipt of the decision by applying upon Form TM 4, require the Registrar to state in writing the grounds of, and the materials used by him in arriving at his decision.

In a case where the Registrar makes any requirements to which the applicant does not object, the applicant shall comply therewith before the Registrar issues such statement in writing. The date when such statement is sent to the applicant shall be deemed to be the date of the Registrar's decision for the purpose of appeal.

The decision of the Registrar, at a hearing under rule 32 or rule 33, or without a hearing if the applicant has duly communicated his considered objections or considered reply, 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 thirty days from the date of receipt of the decision, 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.

In a 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 appeal.

An application to the Registrar for registration of a defensive trade mark under section 30 of the Act shall be in Form TM 2 and shall be accompanied by a statement of case setting forth full particulars of the 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.

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.

In all other respects, and 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

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 relies in support of his application together with draft regulations for governing the use of the mark, all in duplicate.

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.

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

Where an application for the registration of a trade mark which has been advertised under paragraph (1) of this Rule is subsequently withdrawn by the applicant, such withdrawal shall be advertised in the Gazette during such times and in such manner as the Registrar may direct.

If no representation of the trade mark be included in the advertisement of the application, the Registrar shall refer in such advertisement to the place or places where a specimen or representation of the trade mark is deposited for exhibition.

An application for the registration of a trade mark shall be advertised in the Journal or Kenya Gazette in such manner as the Registrar may direct.

If an application that has been advertised under paragraph (1) is withdrawn, the withdrawal shall be advertised in the Journal or Kenya Gazette in such manner as the Registrar may direct.

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 advertisement.

If no representation of the trade mark is included in the advertisement 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.

The notice shall include a statement of the grounds upon which the opponent objects to the registration.

The notice shall be accompanied by a duplicate, which the Registrar shall forthwith send to the applicant.

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

The applicant shall also set out what facts, if any, alleged in the notice of opposition he admits.

The counter-statement shall be accompanied by a duplicate.

Upon receipt of the counter-statement and duplicate the Registrar shall forthwith send the duplicate to the opponent.

Within forty-two days after the receipt of the duplicate counter-statement, the opponent shall leave with the Registrar such evidence by way of statutory declaration as he desires to adduce in support of his opposition.

The statutory declaration shall be in duplicate.

Upon receipt of the statutory declaration and duplicate the Registrar shall forthwith send the duplicate to the applicant.

Within forty-two days after the receipt of the statutory declaration of the opponent under rule 49, the applicant shall leave with the Registrar such evidence by way of statutory declaration as he desires to adduce in support of his application.

The statutory declaration shall be in duplicate.

Upon receipt of the statutory declaration and duplicate the Registrar shall forthwith send the duplicate to the opponent.

Within thirty days after the receipt of the statutory declaration of the applicant under rule 50, the opponent may leave with the Registrar evidence, by way of statutory declaration, confined strictly to matters in reply.

The statutory declaration shall be in duplicate.

Upon receipt of the statutory declaration and duplicate the Registrar shall forthwith send the duplicate to the applicant.

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.

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

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.

An appointment shall be for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice.

Within seven days from the receipt of the notice any party who intends to appear shall so notify the Registrar in Form TM 8.

A party who receives notice and who does not, within seven days from the receipt thereof, so notify the Registrar in Form TM 8, may be treated as not desiring to be heard and the Registrar may act accordingly.

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.

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

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 shall, subject to any opposition and the determination thereof, and subject to the provisions of section 22 (1), and upon payment of the prescribed fee on Form TM 9, enter the trade mark in the register. The entry of a trade mark in a register shall 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.

In the case of an application as aforesaid which the Registrar accepts only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration, the aforesaid 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.

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 shall, subject to any opposition and the determination thereof, and subject to the provisions of section 22 (1), and upon payment of the prescribed fee on Form TM 9, enter the trade mark in the register. The entry of a trade mark in a register shall give the date of registration, the goods or services 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.

In the case of an application as aforesaid which the Registrar accepts only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration, the aforesaid 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.

As soon as may be after the expiration of sixty days from the date of the advertisement in the Journal or Kenya Gazette of any application for the registration of a trade mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to the provisions of subsection (1) of section 22 of the Act, and upon payment of the prescribed fee, enter the trade mark in the register.

The entry of a trade mark in a register shall give the date of registration, the goods or services 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.

In the case of an application which the Registrar accepts only after the applicant has lodged the written 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.

At any time not more than ninety days 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.

An application under rule 71 shall contain the name, trade or business address and description of the person claiming to be entitled and shall be accompanied by a copy of the instrument, if any, under which the person claims.

The full names of all the partners in a partnership shall be given in the body of the application.

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.

For the purposes of section 32 (4), 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 on 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.

For the purposes of section 32 (4), 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 on 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.

For the purposes of section 32(4) of the Act, the period within which a corporation may be registered as the subsequent proprietor shall be six months after the date of advertisement of the registration in the Journal or Kenya Gazette.

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 or 40, 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.

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 be verified by a statutory declaration.

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.

Where a statement of case is amended, two fair copies thereof in its final form shall be left with the Registrar.

The Registrar shall seal a copy of the statement of case in its final form to the certificate or notification.

An application to the Registrar under section 25 (7) shall be made by the assignee on Form TM 41 and shall state the date on which the assignment was made. 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 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.

The Registrar may refuse to consider such an application in a case to which section 25 (6) 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.

A request to the Registrar for an extension of the period within which the application may be made, which shall be on Form 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.

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.

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.

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.

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.

Deleted by L.N. 146/2003, r. 40.

Alteration of Address

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 forthwith 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.

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.

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.

In the case of the alteration of the address of person entered in the register as the address for service of more than one registered proprietor or registered user of trade marks, the register 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.

All applications under this rule in Form TM 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, 30, 35 and 36)

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.

The application shall be accompanied by a copy of the application and a copy of the statement and the Registrar shall forthwith transmit the copies to the registered proprietor.

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.

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 circumstances he may award to any party.

Surrender of a Registered Trade Mark

After making the appropriate entries in the register, the Registrar shall publish a notice of the surrender in the Journal or Kenya Gazette.

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))

An application to the Registrar under subsection (1) of section 37 of the Act for the alteration of the register by correction or change, 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 he is entitled to act in the name of the registered proprietor.

An application under paragraphs (a), (b) or (e) of section 37(1) of the Act shall be in Form TM 17, TM 19, TM 20, TM 23 or TM 32, as may be appropriate.

An application under paragraph (c) or (d) of section 37(1) of the Act shall be made in accordance with rule 84A.

For greater certainty, Form TM 20 may be used to change the name of the registered proprietor if the registered proprietor merges with another corporation and the corporation resulting from the merger has a different name.

The Registrar shall consider the application and shall, if it appears to him to be expedient, advertise the application in accordance with rule 45 and rules 43, 44 and 45A shall apply with necessary modifications.

Any person may, within thirty days after the date of the advertisement of the application, give notice in Form TM 6 to the Registrar of opposition to the application and rules 47 to 57 shall apply with necessary modifications.

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.

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.

Where the Registrar causes such an application to be advertised, the time within which any person may give notice to the Registrar of opposition to the application shall be thirty days from the date of the advertisement.

Collective Trade Marks

An application to the Registrar for registration of a collective trade mark under section 40A (1) of the Act shall be in Form TM 2.

These Rules shall apply, with necessary modifications, to an application for registration of a collective trade mark as they apply to an application for an ordinary trade mark.

Registered Users

Applications under subsection (2) of section 37 of the Act shall be made in Form TM 17, TM 19, TM 20 or 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.

For greater certainty, Form TM 20 may be used to apply to change the name of a registered user if the registered user merges with another corporation and the corporation resulting from the merger has a different name.

In case of the registration of a registered user for a period, in accordance with paragraph (d) of subsection (4) of section 31 of the Act, the Registrar shall cancel the entry of the registered user at the end of the period.

Where some or all of the goods or services are struck out from those in respect of which a trade ark 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.

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

The Registrar may extend, on such conditions as he may specify, the time for doing any act or taking any proceedings under these Rules.

The Registrar may not extend a time expressly provided in the Act, other than the period prescribed under subsection (6) or (7) of section 25 of the Act.

A time limit may not be extended for a period exceeding ninety days, except for a time period prescribed by rule 76 which may be extended for a period not exceeding six months.

An application to the Registrar for an extension of time under paragraph (1) shall be in Form TM 53 and shall be filed with the Registrar.

The application shall state the grounds on which the application is based.

An application for an extension of time may be made even though the time has already expired.

The application shall be dealt with upon such notice, and in accordance with such procedures, as the Registrar may direct.

Discretionary Power

Upon receiving such application, the Registrar shall give the person applying fourteen days’ notice of a time when he may be heard.

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.

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

An application under paragraph (1) to amend a document or drawing or other representation shall be in Form TM 19.

Certificates

The Registrar may give a certificate, other than a certificate under section 22 of the 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.

Except in a case falling under rule 111, the Registrar shall not be 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.

Where a certificate of registration of a trade mark is issued for use in obtaining registration abroad, the Registrar shall 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.

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

Any person may request the Registrar to cause a search to be made in respect of specified goods and services to ascertain whether any mark is on record that resembles a trade mark provided by the person.

An application under paragraph (1) shall be in Form TM 27 and shall be accompanied by duplicate representations of the trade mark.

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

Copies

Where an order has been made by the court in any case under the Act, the person in whose favour the order has been made, or such one of them if more than one, as the Registrar may direct, shall forthwith leave at the office an office copy of the order, together with Form TM 46, duly completed, if required.

The register may, if necessary, thereupon be rectified or altered by the Registrar.