74
CAP. 506
Trade Marks
[Rev. 2009
[Subsidiary]
Regulations and
application to be
open to inspection.
40. If the Registrar decides to accept the application the regulations for
governing the use of the mark approved by the Registrar, as well as the form
of application, shall be open to public inspection.
Registrar’s refusal.
41. If the Registrar decides to refuse to accept the regulations or to accept
the regulations subject to conditions, limitations, amendments or modifications,
he shall inform the applicant of his objections in writing and shall, if required,
hear the applicant.
Advertisement of Application
Advertisement of
application.
L.N. 146/2003.
42. (1) An application for the registration of a trade mark shall be
advertised in the Journal or Kenya Gazette in such manner as the Registrar
may direct.
(1A) If an application that has been advertised under paragraph (1) is
withdrawn, the withdrawal shall be advertised in the Journal or Kenya Gazette
in such manner as the Registrar may direct.
(2) In the case of an application with which the Registrar proceeds only
after the applicant has lodged the written consent to the proposed registration of
the registered proprietor of another trade mark or another applicant, the words
“By Consent” shall appear in the advertisement.
(3) If no representation of the trade mark is included in the advertisement
of the application, the Registrar shall refer in the advertisement to the place
or places where a specimen or representation of the trade mark is deposited
for exhibition.
Representations or
information from
applicant.
L.N. 146/2003.
43. For the purpose of advertising a trade mark, the Registrar may, at the
appropriate time, require the applicant to supply-
(a) up to ten printed representations of the trade mark satisfactory to
the Registrar; or
(b) such other information or means of advertising the trade mark as
the Registrar requires.
Advertising of series
of trade marks.
L.N. 146/2003.
44. The following shall apply if the application relates to a series of
trade marks differing from one another in respect of the particulars mentioned
in section 24 (3) of the Act-
(a) rule 43 shall apply with respect to each of the trade marks in the
series; and
(b) the Registrar may, instead of advertising a representation of each
of the trade marks in the series, include with the advertisement a
statement describing how the trade marks differ from each other.
Advertisements
45. Advertisements under section 21 (10) and 38 (2) and (4) of the