46
CAP. 506
Trade Marks
[Rev. 2009
shall be guilty of an offence and liable to a fine not exceeding five
thousand shillings.
(2) For the purposes of this section, the use in Kenya in relation
to a trade mark of the word “registered”, or of any other word referring
whether expressly or impliedly to registration, shall be deemed to import
a reference to registration in the register, except(a) where that word is used in physical association with other
words delineated in characters at least as large as those
in which that word is delineated and indicating that the
reference is to registration as a trade mark under the law of
a country outside Kenya, being a country under the law of
which the registration referred to is in fact in force;
(b) where that word (being a word other than the word
“registered”) is of itself such as to indicate that the reference
is to the last-mentioned registration; or
(c) where that word is used in relation to a mark registered as
a trade mark under the law of a country outside Kenya and
in relation to goods to be exported to that country.
Interpretation of
terms in Part XI.
5 of 1994.
58A. In this Part“apply to”, in relation to goods means(a) to emboss, impress, engrave, etch, stamp, write, photocopy
or otherwise cause to be applied to or printed upon; or
(b) to weave or otherwise work into; or
(c) to annex or affix to,
such goods;
“covering” means any bottle, box, capsule, case, cask, frame,
vessel, wrapper or other container or cover and includes a band label,
ticket or reel;
“forged”, in relation to a registered mark, means made or falsified
as described in section 58C;
“sell” includes –
(a) to expose for sale; and