Rev. 2009]
Trade Marks
CAP. 506
a counter-statement after receipt of a copy of such a notice neither resides nor
carries on business in Kenya, the Registrar may require him to give security, in
such form as the Registrar may deem sufficient, for the costs of the proceedings
before the Registrar, for such amount as to the Registrar may seem fit, and at
any stage in the opposition proceedings may require further security to be given
at any time before his decision in the case.
77
[Subsidiary]
Costs in uncontested
57. In the event of an opposition being uncontested by the applicant, the case.
Registrar in deciding whether costs should be awarded to the opponent shall
consider whether proceedings might have been avoided if reasonable notice
had been given by the opponent to the applicant before the notice of opposition
was lodged.
58. (Deleted by L.N.146/2003, s.25).
Non-Completion
Non-completion of
59. (1) Where registration of a trade mark is not completed within registration.
twelve months from the date of the application by reason of default on the part
of the applicant, the Registrar shall in form TM 9A give notice in writing to
the applicant at his trade or business address of the non-completion, but if the
applicant has authorized an agent for the purpose of the application he shall
instead send the notice to the agent and shall send a duplicate thereof to the
applicant.
(2) If after fourteen days from the date when the notice was sent, or such
further time as the Registrar may allow, the registration is not completed, the
application shall be deemed to be abandoned.
Entry in the Register, and Associated Marks
Entry in register.
60. (1) As soon as may be after the expiration of sixty days from the date L.N. 42/1995.
of the advertisement in the Journal or Kenya Gazette of any application for the L.N. 146/2003.
registration of a trade mark, the Registrar shall, subject to any opposition and
the determination thereof, and subject to the provisions of subsection (1) of
section 22 of the Act, and upon payment of the prescribed fee, enter the trade
mark in the register.
(2) The entry of a trade mark in a register shall give the date of
registration, the goods or services in respect of which it is registered together
with the particulars of the trade, business, profession, occupation or other
description of the proprietor, particulars of any undertakings of the proprietor
entered on the form of application, particulars affecting the scope of the
registration or the rights conferred by the registration, and such other particulars
as are prescribed.
(3) In the case of an application which the Registrar accepts only after
the applicant has lodged the written consent to the proposed registration of the
registered proprietor of another trade mark or another applicant for registration,
the entry in the register shall state that it is “By Consent” and shall give the
number of the previous registration or the application for registration.