52
CAP. 506
Trade Marks
[Rev. 2009
or subsists.
Jointly owned trade
marks.
61. (1) Where the relations between two or more persons interested
in a trade mark are such that no one of them is entitled as between
himself and the other or others of them to use it except(a) on behalf of both or all of them; or
(b) in relation to an article with which both or all of them are
connected in the course of trade,
those persons may be registered as joint proprietors of the trade mark,
and this Act shall have effect in relation to any rights to the use of the
trade mark vested in those persons as if those rights had been vested
in a single person.
(2) Subject to subsection (1), nothing in this Act shall authorize the
registration of two or more persons who use a trade mark independently,
or propose so to use it, as joint proprietors thereof.
Trusts and equities.
62. (1) There shall not be entered in the register any notice of
any trust express, implied or constructive, nor shall any such notice be
receivable by the Registrar.
(2) Subject to the provisions of this Act, equities in respect of a
trade mark may be enforced in like manner as in respect of any other
personal property.
Recognition of
agents.
4 of 2002.
63. (1) Where by this Act any act has to be done by or to any
person in connexion with a trade mark or proposed trade mark or any
procedure relating thereto, the act may, under and in accordance with
the rules, be done by or to an agent of that person duly authorized in
the prescribed manner.
(2) An applicant who ordinarily resides outside Kenya or has a
principal place of business outside Kenya, may be represented by a
trade mark agent.
(3) A person shall be qualified to act as a trade mark agent if
such person(a) is a Kenyan citizen; and
(b) is an advocate of the High Court of Kenya; or
(c) is admitted to practise as an agent before the Institute in
accordance with the provisions of the Industrial Property