Rev. 2009]
Trade Marks
CAP. 506
45
used before the court in lieu of evidence by affidavit, but if so used shall
have all the incidents and consequences of evidence by affidavit.
(3) In case any part of the evidence is taken viva voce, the
Registrar shall, in respect of requiring the attendance of witnesses and
taking evidence on oath, be in the same position in all respects as a
magistrate.
54A. The Nice Agreement concerning the International
Classification of Goods and Services for the purpose of the Registration
of Trade Marks of 15 June, 1957 and all revisions thereof together with
the publications of the World Intellectual Property Organization of
Geneva relating to the Agreement may be received in evidence before
any court or Registrar and shall be taken into account by the Registrar
in relation to his duties under this Act.
Nice Agreement
receivable in
evidence.
5 of 1994.
55 and 56. (Repealed by 11 of 1965, s. 5.)
Part XI - Offences, And Restraint Of Registration And
Use Of Certain Marks
1 of 1984.
57. If any person makes or causes to be made a false entry in the Falsification of
entries in register.
register, or a writing falsely purporting to be a copy of an entry in the
register, or produces or tenders or causes to be produced or tendered in
evidence any such writing, knowing the entry or writing to be false, he
shall be guilty of an offence and liable to imprisonment for a term not
exceeding five years or to a fine not exceeding ten thousand shillings,
or to both such imprisonment and fine.
58. (1) Any person who makes a representation(a) with respect to a mark not being a registered trade mark, to
the effect that it is a registered trade mark; or
(b) with respect to a part of a registered trade mark not being a
part separately registered as a trade mark, to the effect that
it is so registered; or
(c) to the effect that a registered trade mark is registered in
respect of any goods in respect of which it is not registered;
or
(d) to the effect that the registration of a trade mark gives an
exclusive right to the use thereof in any circumstances in
which, having regard to limitations entered on the register,
the registration does not give that right,
Fine for falsely
representing a trade
mark as registered.