Rev. 2009]
Trade Marks
CAP. 506
Act, 2001.
53
No. 3 of 2001.
64. When an applicant for the registration of a trade mark or an Address for service.
agent does not reside or carry on business in Kenya, he shall give the
Registrar an address for service in Kenya, and if he fails to do so the
Registrar may refuse to proceed with the application until such address
has been given.
65. (1) Where any person has registered or has applied for International
protection for any trade mark in any foreign state with the government arrangements.
of which the Government of Kenya has made arrangements for mutual 11 of 1965, s. 7.
protection of trade marks, that person or his legal representative or
assignee shall be entitled to registration of his trade mark in priority to
other applicants; and that registration shall have the same date as the
date of application for protection in the foreign state if the application for
registration is made within six months from the date of the application
for protection in the foreign state:
Provided that nothing in this section shall entitle the proprietor of
a trade mark to recover damages for infringements happening prior to
the actual date on which his trade mark is registered in Kenya.
(2) The registration of a trade mark shall not be invalidated by
reason only of the use of the trade mark in Kenya during the period of
six months.
(3) The application for the registration of a trade mark under this
section shall be made in the same manner as an ordinary application
under this Act:
Provided that any trade mark the registration of which has been
duly applied for in the country of origin may be registered under this
Act.
(4) The provisions of this section shall apply only to those foreign
states to which the Attorney-General has by notice in the Gazette
declared them to be applicable and so long only as the notice continues
in force with respect to those states.
(5) Where it is made to appear to the Minister that in any country
of the Commonwealth satisfactory provision has been made for the
protection of trade marks registered in Kenya, the Ministry may
by notice in the Gazette apply the provisions of this section to that
country with such variations or additions (if any) as may be stated in
the notice.
66. Whenever the last day fixed by this Act, or by any rule for the Provisions as to