Rev. 2009]
Trade Marks
CAP. 506
79
[Subsidiary]
the renewal fee in form TM 10, together with the additional prescribed late L.N. 146/2003.
renewal fee, is received, he may renew the registration without removing the
mark from the register.
68. If, at the expiration of thirty days after the advertisement under Removal of trade
rule 67, the fees referred to in that rule have not been paid, the Registrar may mark from Register.
remove the mark from the register as of the date of the expiration of the last L.N. 146/2003.
registration, but he may, upon payment of the renewal fee in form TM 10
together with the additional prescribed restoration fee, restore the mark to the
register if satisfied that it is just to do so, and upon such conditions as he may
think fit to impose.
69. Where a trade mark has been removed from the register, the Registrar Record of removal
shall cause to be entered in the register a record of the removal and of the cause of mark.
thereof.
70. Upon the renewal or restoration and renewal of a registration, a Notice and
notice to that effect shall be sent to the registered proprietor and the renewal or advertisement
restoration and renewal shall be advertised in the Journal or Kenya Gazette.
of renewal and
restoration.
L.N. 146/2003.
Assignments and Transmissions
71. A person who becomes entitled by assignment or transmission to a Application for entry
registered trade mark may apply, in form TM 14, to the Registrar to register of assignment or
his title.
transmission.
L.N. 146/2003.
72. (Deleted by L.N.146/2003, s.34).
73. (1) An application under rule 71 shall contain the name, trade or Particulars to be
business address and description of the person claiming to be entitled and shall stated in application.
be accompanied by a copy of the instrument, if any, under which the person L.N. 146/2003.
claims.
(2) The full names of all the partners in a partnership shall be given in
the body of the application.
(3) The Registrar may in any case require and retain an attested copy of
any instrument produced for inspection in proof of title, but that copy shall not
be open to public inspection.
74. If the person applying for registration of his title does no claim under Case accompanying
any document or instrument which is capable in itself of furnishing proof of application.
his title, he shall, unless the Registrar otherwise directs, either upon or with L.N. 146/2003.
the application, state a case setting forth the full particulars of the facts upon
which his claim to be proprietor of the trade mark is based, and showing that
the trade mark has been assigned or transmitted to him; and if the Registrar so
requires, the case shall be verified by a statutory declaration.
75. The Registrar may call on any person who applies to be registered Proof of title.
as proprietor of a registered trade mark for such proof or additional proof of