78
CAP. 506
[Subsidiary]
Notations indicating
association no longer
of any effect.
L.N. 146/2003.
61. A notation in the Register included as a result of a trade mark having
been associated with another trade mark under section 26 of the Act before that
section was repealed is of no effect.
Trade Marks
[Rev. 2009
Death of applicant
before registration.
62. In case of the death of any applicant for the registration of a trade mark
after the date of his application and before the trade mark applied for has been
entered in the register, the Registrar, after the expiration of the prescribed period
of advertisement and the determination of any opposition to the application,
may, on being satisfied of the applicant’s death, enter in the register, in place
of the name of the deceased applicant, the name, address and description of the
person owning the trade mark, on ownership being proved to the satisfaction
of the Registrar.
Certificate of
registration.
L.N. 146/2003.
63. Upon the registration of a trade mark the Registrar shall issue to
the applicant a certificate in form TM 10A, and shall affix thereto a copy of
the mark.
Renewal
Renewal of
registration.
L.N. 146/2003.
64. (1) At any time not more than ninety days before the expiration of
the last registration of a trade mark, any person may leave at the office a fee
for the renewal of the registration of the mark in form TM 10, and, if he is not
the registered proprietor, shall sign a statement on the form that he is directed
by the registered proprietor to pay the fee (if such be the case) and shall give
his address.
(2) Before taking any further step, the Registrar may either(a) require the person leaving the fee to furnish within ten days an
authority to pay the fee signed by the registered proprietor, and if
he does not furnish that authority may return the fee and treat it as
not received; or
(b) communicate with the registered proprietor stating that the fee
has been received and that the registration will in due course be
renewed.
Notice before
removal of trade
mark from register.
L.N. 146/2003.
65. At a date not less than thirty days and not more than sixty days before
the expiration of the last registration of a mark, if no fee in form TM 10 has
been received, the Registrar shall notify the registered proprietor in writing of
the approaching expiration.
Second notice.
L.N. 146/2003.
66. At a time not less than fourteen days and not more than thirty days
before the expiration of the last registration of a mark, the Registrar may, if
no renewal fee has been received, send a notice in writing to the registered
proprietor at his trade or business address as well as at his address for service,
if any.
Advertisement of
non-payment.
67. If at the date of the expiration of the last registration of a mark the
renewal fee has not been paid, the Registrar shall advertise the fact forthwith in
the Journal or Kenya Gazette, and, if within one month after that advertisement