Act No: CAP. 506
Act Title: TRADE MARKS
SUBSIDIARY LEGISLATION
Arrangement of Sections

TRADE MARKS RULES, 1956

ARRANGEMENT OF RULES

Preliminary

1.

Short title.

2.

Interpretation.

Fees and Forms

3.

Fees.

4.

Forms.

5.

Deleted.

Classifications under Previous System

6.

Old classifications preserved.

7.

Conversions to new classification system.

8.

Deleted.

Documents

9.

Size, etc., of documents.

10.

Signature of documents by partnerships, companies and associations.

11.

Service of documents.

Address

12.

Address.

13.

Address for service.

Agents

14.

Agency.

Registrable Trade Marks and Preliminary Advice ( Section 43 )

15.

Registrable trade marks.

16.

Flags, emblems, arms, etc.

17.

Arms of city, etc.

18.

Living persons or persons recently dead.

19.

Name and description of goods or services on a trade mark.

20.

Preliminary advice by Registrar as to distinctiveness.

Application for Registration of a Trade Mark

21.

Form of application.

22.

Representation of mark.

23.

Deleted.

24.

Deleted.

25.

Separate applications.

26.

Representations to be satisfactory.

27.

Specimens of trade marks in exceptional cases.

28.

Series of trade marks.

29.

Transliteration and translation.

29A.

Application to add goods or services.

Procedure on Receipt of Application for Registration of a Trade Mark

30.

Search.

31.

Registrar’s powers on application.

32.

Objection by Registrar.

33.

Conditions by Registrar.

34.

Decision of Registrar.

35.

Disclaimer.

Defensive Trade Marks

36.

Application under section 30 of the Act.

Certification Trade Marks

37.

Application under section 40 of the Act.

38.

Authorisation to proceed.

39.

Case, draft regulations.

40.

Regulations and application to be open to inspection.

41.

Registrar’s refusal.

Advertisement of Application

42.

Advertisement of application.

43.

Representations or information from applicant.

44.

Advertising of series of trade marks.

45.

Advertisements under sections 21(10) and 38(2) and (4) of the Act.

45A.

Costs of advertisement.

Opposition to Registration

46.

Opposition.

47.

Notice of opposition.

48.

Counter-statement.

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.

Deleted.

56.

Security for costs.

57.

Costs in uncontested case.

58.

Deleted.

Non-Completion

59.

Non-completion of registration.

Entry in the Register, and Associated Marks

60.

Entry in register.

61.

Notations indicating association no longer of any effect.

62.

Death of applicant before registration.

63.

Certificate of registration.

Renewal

64.

Renewal of registration.

65.

Notice before removal of trade mark from register.

66.

Second notice.

67.

Advertisement of non-payment.

68.

Removal of trade mark from register.

69.

Record of removal of mark.

70.

Notice and advertisement of renewal and restoration.

Assignments and Transmissions

71.

Application for entry of assignment or transmission.

72.

Deleted.

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.

80.

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)

82.

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

83.

Further procedure.

84.

Intervention by third parties.

Surrender of a Registered Trade Mark

84A.

Application to surrender.

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.

Application under section 37(1).

86.

Evidence.

87.

Advertisement of certain applications.

88.

Certificates of validity to be noted.

Applications to Alter Registered Trade Marks

89.

Alteration of registered mark.

90.

Advertisement before decision.

91.

Decision of Registrar.

92.

Advertisement.

Court Orders for Rectification of Certification Trade Mark Entries and Regulations

93.

Rectification of certification trade mark entries by the court.

Alteration of Certification Trade Mark Regulations

94.

Alteration of regulations.

Collective Trade Marks

94A.

Application for registration.

Registered Users

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.

100.

Notification and hearing.

101.

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

Extension of Time

102.

Extension of time.

Discretionary Power

103.

Hearing.

104.

Application for hearing.

105.

Notice of hearing.

106.

Notification of decision.

Power to Dispense with Evidence

107.

Dispensing with evidence.

Amendments

108.

Amendments of documents.

Certificates

109.

Certificates by Registrar.

110.

Marks registered without limitation of colour.

111.

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.

Copies

115.

Copies of documents.

116.

Deleted.

Appeals to the court

117.

Appeal to court.

Applications to and Orders of the court

118.

Applications to court.

119.

Order of court.

120.

Publication of order of court.

Submission of Documents in Electronic Form

121.

Submission of electronic documents.

SCHEDULES

FIRST SCHEDULE —

FEES

SECOND SCHEDULE —

DELETED

THIRD SCHEDULE —

DELETED

FOURTH SCHEDULE —

FORMS

TRADE MARKS (INTERNATIONAL REGISTRATION) RULES, 2003

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.

2.

Definitions.

3.

Forms.

4.

Fees.

5.

Institute to be office for Kenya.

PART II – APPLICATION IN KENYA FOR INTERNATIONAL REGISTRATION

6.

Application.

7.

Examination and forwarding by Institute.

PART III – INTERNATIONAL APPLICATIONS DESIGNATING KENYA

8.

Application of Part.

9.

Initial examination.

10.

Applicant’s rights on refusal after initial examination.

11.

Opposition.

12.

Refusal to be in accordance with treaty, etc.

13.

Partial refusal.

14.

Supplementary Register.

15.

Extracts from Register.

16.

Effects of international registration.

PART IV – TRANSFORMATION OF INTERNATIONAL REGISTRATION TO A KENYAN REGISTRATION

17.

Application of Part.

18.

Application to transform to Kenyan registration.

19.

Automatic registration.

20.

Continuation of unfinished proceedings.

PART V – PENDING APPLICATIONS

21.

Pending applications.

SCHEDULES

FIRST SCHEDULE–

FORMS

SECOND SCHEDULE–

FEES