Rev. 2009]
Trade Marks
CAP. 506
(3) The registrar shall determine what amendment he proposes to make
in relation to an application under this rule and shall notify the applicant of that
proposal as required under section 39 (3) of the Act.
(4) The advertisement of the proposed amendment required under section
39 (3) of the Act shall be made in the Journal or the Kenya Gazette.
(5) A person who wishes to oppose the proposed amendment shall do
so by filing a notice of opposition with the Registrar within thirty days after
the date of advertisement.
(6) The notice of opposition shall be in form TM 44 and shall be filed
in duplicate.
(7) The notice of opposition shall be accompanied by a statement, in
duplicate, showing how the proposed amendment would be contrary to section
39 (2) of the Act.
(8) The Registrar shall send the duplicate copies of the notice of
opposition and the accompanying statement to the applicant.
(9) The applicant may file a counter-statement with the Registrar setting
out fully the grounds on which the applicant contests the opposition.
(10) The counter-statement shall be in form TM 7 and shall be filed
in duplicate within thirty days after the applicant receives the notice of
opposition.
(11) The Registrar may allow or require evidence to be adduced and, if
the Registrar so decides, rules 49 to 52 shall apply, with necessary modifications,
subject to any directions given by the Registrar.
(12) Before deciding the matter, the Registrar shall give the parties an
opportunity to be heard if either party requests it.
(13) If a party requests an opportunity to be heard, the Registrar shall give
notice to the parties of a date when he will hear the arguments in the case.
(14) An appointment shall be for a date at least fourteen days after the
date of the notice, unless the parties consent to a shorter notice.
(15) Within seven days after the receipt of the notice a party who intends
to appear shall so notify the Registrar in form TM 8.
(16) A party who receives notice and who does not, within seven days
after the receipt of the notice, notify the Registrar in form TM 8 that he intends
to appear, may be treated as not desiring to be heard and the Registrar may
act accordingly.
(17) The Registrar shall make the entries in the Register that are necessary
to give effect to a request to adapt a classification if-
65
[Subsidiary]