Rev. 2009]
Trade Marks
CAP. 506
51
(b) at the time and place referred to in paragraph (a) the
magistrate may, unless the owner of the goods or any person
on his behalf or other person interested in the goods shows
cause to the contrary declare such goods to be forfeited to
the Government.
59. (1) Subject to an authorization by or on behalf of the
International Olympic Committee, no sign consisting of or containing
the Olympic symbol, as defined in the Charter of the International
Olympic Committee and consisting of five interlaced rings, whether
delineated in a single color or in different colors, shall be registered
as a mark, or used for commercial purposes as a mark or other sign;
and where such a sign has been registered as a mark that registration
shall be void.
Restraint of
registration and use
of Olympic symbol.
1 of 1984.
(2) Nothing in subsection (1) shall prevent the use of the sign or
design where it is made by the mass media for the purposes of informing
the public about the Olympic movement.
(3) The Minister may, by notice in the Gazette, suspend the
operation of subsection (1) during any period during which there is no
agreement in force between the International Olympic Committee and
the Kenya Olympic Association concerning the conditions under which
authorization for the use of the Olympic symbol may be made.
(4) Notwithstanding the provisions of section 5, an interested
party may institute proceedings to(a) prevent the use or registration of a sign referred to
in subsection (1) contrary to the provisions of that
subsection;
(b) obtain the removal from the register of a sign registered as
a mark contrary to the provisions of subsection (1);
(c) claim damages or other available civil remedy arising out
of the matters referred to in paragraph (a) or (b).
Part XII – Miscellaneous
60. The use of a registered trade mark in relation to goods between
which and the person using it any form of connexion in the course of
trade subsists shall not be deemed to be likely to cause deception or
confusion on the ground only that the trade mark has been, or is, used
in relation to goods between which and that person or a predecessor in
title of his a different form of connexion in the course of trade subsisted
Change of form of
trade connexion
not to be deemed to
cause deception.