88
[Subsidiary]
CAP. 506
Trade Marks
[Rev. 2009
of such other evidence, and subject to such terms as he may think fit, dispense
with any such act or thing, signature, declaration, document or evidence.
Amendments
Amendments of
documents.
L.N. 146/2003.
108. (1) Any document or drawing or other representation of a trade mark
may be amended, and any irregularity in procedure which in the opinion of the
Registrar may be excused without detriment to the interests of any person may
be corrected, if the Registrar thinks fit, and on such terms as he may direct.
(2) An application under paragraph (1) to amend a document or drawing
or other representation shall be in form TM 19.
Certificates
Certificates by
Registrar.
109. (1) The Registrar may give a certificate, other than a certificate under
section 22 of the Act, as to any entry, matter or thing which he is authorized
or required by the Act or these Rules to make or do, upon receipt of a request
therefor in form TM 30 from any person who, if the Registrar thinks fit so to
require, can show an interest in the entry, matter or thing to his satisfaction.
(2) Except in a case falling under rule 111, the Registrar shall not be
obliged to include in the certificate a copy of any mark, unless he is furnished
by the applicant with a copy thereof suitable for the purpose.
Marks registered
without limitation of
colour.
110. Where a mark is registered without limitation of colour, the Registrar
may grant a certificate of its registration for the purpose of obtaining registration
abroad either in the colour in which it appears upon the register or in any other
colour or colours.
Certificates for use in
obtaining registration
abroad.
111. (1) Where a certificate of registration of a trade mark is issued for
use in obtaining registration abroad, the Registrar shall include in the certificate
a copy of the mark, and may require the applicant for the certificate to furnish
him with a copy of the mark suitable for the purpose, and if the applicant fails
to do so may refuse to issue the certificate.
(2) The Registrar may state in the certificate such particulars concerning
the registration of the mark as to him seem fit, and may omit therefrom reference
to any disclaimers appearing in the register; but in the last-mentioned case the
certificate shall be marked “For use in obtaining registration abroad only”.
Declarations
Person before whom
declaration is to be
taken.
112. The statutory declarations required by the Act and these Rules, or
used in any proceedings thereunder, shall be made and subscribed as follows(a) if made in the Commonwealth, before any court, judge or justice
of the peace, or any officer authorized by law to administer an oath
for the purpose of a legal proceeding;
(b) if made outside the Commonwealth, before a Kenya Consul or
Vice-Consul, or other person exercising the functions of a Kenya