80
[Subsidiary]
Application for
entry of assignment
without goodwill.
LN. 42/1995,
L.N. 146/2003.
CAP. 506
Trade Marks
[Rev. 2009
title as he may require for his satisfaction.
76. (1) An application under rule 71 relating to an assignment on or
after the appointed day of a trade mark in respect of any goods or services
shall state(a) whether the trade mark was, at the time of the assignment, used
in a business in any of those goods or services, as the case may
be; and
(b) whether the assignment was made otherwise than in connexion
with the goodwill of that business;
and, if both those circumstances subsisted, the applicant shall leave with the
Registrar a copy of the Registrar’s directions to advertise the assignment,
obtained upon application under subsection (7) of section 25 of the Act and
rule 80 of these Rules, and such proof, including copies of advertisements or
otherwise, as the Registrar may require that his directions have been fulfilled;
and if the Registrar is not satisfied that the directions have been fulfilled, he
shall not proceed with the application.
(2) For the purposes of section 32(4) of the Act, the period within
which a corporation may be registered as the subsequent proprietor shall be
six months after the date of advertisement of the registration in the Journal or
Kenya Gazette.
Entry in register.
L.N. 42/1995.
77. When the Registrar is satisfied as to the title of the person claiming
to be registered, he shall cause him to be registered as proprietor of the trade
mark in respect of the relevant goods or services, and shall enter in the register
his name, trade or business address and description and particulars of the
assignment or transmission.
Separate
registrations.
L.N. 42/1995,
L.N. 146/2003.
78. Where, pursuant to an application under rule 71, and as the result of a
division and separation of the goods or services of a registration or a division and
separation of places or markets, different persons become registered separately
under the same official number as subsequent proprietors of a trade mark, each
of the resulting separate registrations in the names of those different persons
shall be deemed to be a separate registration for all the purposes of the Act.
Registrar’s certificate
of approval as to
certain assignments
and transmissions.
L.N. 146/2003.
79. (1) Any person who desires to obtain the Registrar’s certificate
under subsection (5), or his notification of approval under subsection (6), of
section 25 of the Act shall send to the Registrar, with his application in form
TM 39 or 40, as the case may be, a statement of case in duplicate setting out the
circumstances, and a copy of any instrument or proposed instrument effecting
the assignment or transmission.
(2) The Registrar may call for any evidence or further information that he
may consider necessary, and the statement of case shall be amended if required
to include all the relevant circumstances, and shall if required be verified by a
statutory declaration.
(3) The Registrar, after hearing if so required the applicant and any other