Rev. 2009]
Trade Marks
CAP. 506
75
[Subsidiary]
Act shall be made in the same manner as advertisements of applications under s.21(10) and
for registration and rules 42 to 44 and rule 45A shall apply with necessary 38 (2), (4) of the Act.
modifications.
L.N. 146/2003.
45A. Before an advertisement relating to an application is published, the
applicant shall pay the costs of the advertisement.
Opposition to Registration
Costs of
advertisement.
L.N.146/2003.
46. Any person may, within sixty days from the date of any advertisement Opposition.
in the Journal or Kenya Gazette of an application for registration of a trade mark, L.N. 146/2003.
give notice in form TM 6 to the Registrar of opposition to the registration.
47. (1) The notice shall include a statement of the grounds upon which
the opponent objects to the registration.
Notice of opposition.
L.N. 146/2003.
(2) If the registration is opposed on the ground that the mark resembles
marks already on the register, the notice shall set out(a) the numbers of those other marks; and
(b) references to the Journals or Kenya Gazettes in which those other
marks were advertised.
(3) The notice shall be accompanied by a duplicate, which the Registrar
shall forthwith send to the applicant.
48. Within forty-two days from the receipt of the duplicate the applicant Counter-statement.
shall send to the Registrar a counter-statement in form TM 7 setting out the L.N. 146/2003.
grounds on which he relies as supporting his application.
(2) The applicant shall also set out what facts, if any, alleged in the notice
of opposition he admits.
(3) The counter-statement shall be accompanied by a duplicate.
(4) Upon receipt of the counter-statement and duplicate the Registrar
shall forthwith send the duplicate to the opponent.
49. (1) Within forty-two days after the receipt of the duplicate counterstatement, the opponent shall leave with the Registrar such evidence by way of
statutory declaration as he desires to adduce in support of his opposition.
Evidence in support
of opposition.
L.N. 146/2003.
(2) The statutory declaration shall be in duplicate.
(3) Upon receipt of the statutory declaration and duplicate the Registrar
shall forthwith send the duplicate to the applicant.
50. (1) Within forty-two days after the receipt of the statutory declaration Evidence in support
of the opponent under rule 49, the applicant shall leave with the Registrar such of application.