Rules under sections 39 and 41
THE TRADE MARKS RULES
ARRANGEMENT OF RULES
Rule' 'Preliminary
I-Short title.
2-Interpretation.
Fees and Forms
3-Fees.
4-Forms.
Classification of Goods
S-elassification of goods.
Reclassification of Goods of Old Registrations
6-Appli6atT~n by registered proprietors for conversion of specification. 7-Advertisement of proposal. 8-Conversion of specifications.
Documents
9----':Size, etc., of documents. IO-Signature of documents by partnerships, companies and associations. l l-e-Service of documents.
Address
I2-Address.
I3-Address for service.
Agents
I4-Agency.
Registrable Trade Marks and Preliminary Advice (Section 43)' .
IS-;Registrable trade marks.
16-Flags, emblems, arms, etc.
I7-Arms of city, etc.
I8-Living persons or persons recently dead.
19--Name or description of goods on-a trade mark.
20-Preliminary advice by Registrar as to distinctiveness.
Rule Application for Registration of a TradeMark
21-Form of application.
22-Representation of mark..
23-Additional forms and representations,
24-Representations to be durable.
25-Separate applications.
26-Representations to be satisfactory.
27-Speciinens of trade marks in exceptional cases.
28-Series of trade marks.
29-Transliteration and translation.
Procedure on Receipt of Application for. Registration of a Trade Mark
3D-Search.
31-Registrar's powers on application.
32-0bjection by Registrar.
33-Conditions by Registrar'.
34-Decision of Registrar,
35-Disclaimer.
Defensive Trade Marks
36-Application under section 30.
Certification Tracie Marks
37-Application under section 40.
38-Authorization to proceed.
39-Case; draft regulations.
40-Rcgulations and application to be open to inspection',
41-Registrar's refusal.
Advertisement of Application
42-Advertisement of application.
43-Printing block.
44-'Advertisement of series,
45-Advertisements under section '21 (10) and section 38 (2) and (4).
45A-Reim·bursement for advertisements.
Opposition to Registration
46-0pposition.
47-Notice of opposition.
48-Counter-statemen t.
49-Evidence in support of opposition.
50-Evidence in support of application.
51-Evidence in reply by opponent.
52-Further evidence.
52A-Abandonment of application or opposition.
53-Exhibits.
54-Hearing.
55-Extension of time.
56-Security for costs.
57-Costs -in uncontested case.
58-Opposition to application under section 40.
N on-completion
59-Nan-completion of registration.
Rule 'Entry in the Register, and Associated Marks
.60-Entry in register.
61-..:..Associated marks.
62-Deatb of applicant before registration.
63--eertificate of registration.
Renewal
64-Renewal of registration.
65-Notice before removal of trade mark from register.
66-Second notice..
67-Adveliisement of non-payment.
68-Removal of trade mark from register.
Restoration.
69-Record of removal of mark.
7D--Notice and advertisement of renewal and restoration.
Assignments and Transmissions
71-Joint application for entry of assignment.or transmission, 72-Application for entry of assignment or transmission by subse
quent proprietor. 73-Particulars to be stated in application. 74-Case accompanying application. 75-Proof of title. 76--:-Application for entry of assignment without goodwill. 77-Entry in register.. 78-Separate registrations. 79-Registrar's certificate -or.approval as to certain assignments and
transmissions. 8Q--Registrar's directions for advertisement of assignment without goodwill of trade mark in use.
Alteration of Address
81-Alteration of address in register.
Applications to the Registrar for Rectification (Sections 29, 30, 35 and 36)
~2-Application to rectify or .rernove a trade mark from the register.
83-Further procedure.
84-Intervention by third parties.
Applications for Alteration of the Register by Correction, Change, Cancellation or Striking Out Goods lor for Entry of Disclaimer, Memorandum or Note (Section 37 (1))
85-Application under section 37 (1).
86-Evidcnce.
87-Advertisement of certain applications.
'S8-certificates of validity to be noted.
Applications to Alter Registered Trade Marks
89-A.lteration of registered mark.
9O-Advemsement before decision.
91-Decision of Registrar.
92-Advertisement illustration.
Court Orders for Rectification 0/ Certification. Rule Trade Mark Entries and Regulations
93-Rectification of certification trade mark entries by the court.
A Iteration 0/ Certification Trade Mark Regulations
94-Alteration of regulations.
Registered U.sers
95-Application for entry of registered user.
96-Entry and notification.
97-':-Registered proprietor's application to vary entry.
98-Application by registered proprietor or user to cancel entry.
99-Application by any person to cancel entry.
1Oo-Notification and hearing.
10I-Registered user's application to correct error or enter change.
Extension 0/ Time
lOZ-Extension of time.
. Discretionary Power
103-Hearing. I04-AppIication for hearing. 105-Notice of hearing. I06-l'{otification of decision.
'Power to Dispense with Evidence
107-Dispensing with evidence,'
Amendments
lOS-Amendments of documents.
Certificates
109-Certificates by Registrar. 110-?\1arks registered without limitation of colour. -Ill-Certificates for use in obtaining registration abroad.
Declarations
112-Person before whom declaration is to be taken. 113-Presumption as to seal of officer taking declaration,
Search
114-Searches.
Textile Goods 115-Textile goods.
Metal Goods
116-Metal goods.
Appeals to the Court
I17-Appeal to court.
Applications to and Orders of the Court
II8-Applications to court. 119-or"der of court. lZo-Publication of order of court.
ScHEDULES.
TIllE TRADE MARKS RULFS
Preliminary
"agent" means an advocate, and any person who before the appointed day was a Trade Mark Agent recognized by the Registrar;
"the office-, means the office of the Registrar;
"specification" means the designation of goods in respect of which a trade mark, or a registered user of a trade mark, is registered or proposed to be registered.
Fees and Forms
.,
3.. The fees to be. paid .in relation to trade marks shall be those prescribed in the First Schedule.
4. The forms referred to herein are the forms c;ontained in the Fourth Schedule, and those forms shall be ·used in all cases to which they are applicable and shall he modified as directed by the Registrar to 'meet other cases.
Classification of Goods
5.. (1) For the purposes of trade marks registrations dated before the appointed day, and of registrations of registered users thereunder, goods are classified in the manner appeajing in the Second Schedule, unless any specification .has 'been ·converted to the Third Schedule in accordance with rule 6.
(2) For the purposes of trade marks registrations dated on or after the appointed day, and of registrations of registered users thereunder, and for the purposes of any registrations dated before that day whereof the specifications have been converted in accordance with rule 6, goods are classified in the manner appearing in the Third
Schedule.
Re-Classification of Goods of Old Registrations
6. (1) Where the specification of a registered trade mark is founded on the Second Schedule, the registered proprietor may apply to the Registrar in Form TM 43. for the conversion of that specification so that it may be founded on the Third Schedule, whether with or without the striking-out of goods therefrom, hut so that the registration retains its original date, and shall include in the application a request for the same conversion of the specification of the goods of any registered users under that registration.
(2) Thereupon .the Registrar in accordance with subsection (3) of section 39 of the Act shall' u9ii,fy' in ,. writing to the registered proprietor a proposal showing .the form which, in the Registrar's view, the amendment of. theregistershould take,
L.N. 5751\1956, L.N.454/1959,
LlN.44/1970,
L.'N.13·8/1971,
L.N. l~l/l975.
Short title.
Interpretation.
Fees.
Forms.
Classlfication of goods.
Application by
.registered proprietors for conversion of specifcations.
Advertisement of proposal.
Con version of specifications.
Size, etc., of
documents.
Signature of documents by
partnerships, companies and associations.
(3) Two or more registrations of a trade mark in respect of goods falling within the same class of the Third Schedule, haying the same date of registration, may be amalgamated upon conversion in accordance with this rule.
7. (1) The advertisement of a proposal for amendment under subsection (3) of sec'tion 39 of .the Act shall be made in the Gazette, and a notice of any opposition shall be given in form TM 44 within one month from the date of the advertisement, and shall be accompanied by a duplicate of the notice and by ,a statement in duplicate showing how the proposed amendment would be contrary to subsection (2) of that section.
8. (1) When a proposal for the conversion of a specification in accordance with rule 6 has been advertised and has not been opposed.' and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, nhe Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon and published subsequently in the Gazette. and shall enter in the register the date when such entries were made.
(2) The expression "the expiration of the last registration" shall
have regard to the same date in the case of all the resulting entries
for the purpose of determining the next renewal thereof in accordance
with section 23 of the Act as it had 'with regard to the registration
before conversion.
Documents
(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary' or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorized to sign the document.
[Subsidiary]
(3) A document purporting to be signed association of persons may be signed by any the Registar to be duly qualified. | for or on behalf of an person who appears to | |||
---|---|---|---|---|
11. (l) All applications, notices, statements, papers having representations affixed or other documents authorized or required by the Act or these Rules to be made, left or sent, at or to rhe office, or with or to the Registrar or the court or any other person, may be sent through the post by a prepaid or official paid letter. | Service of documents. | |||
(2) Any application or any document so sent shall be deemed to have been made. left or sent at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving the sending it shall be sufficient to prove that the letter was properly addressed and put into the post. | ||||
Address | ||||
, 12. (1) \Vhere any person is by the Act or these Rules bound to furnish the Registrar with an address, the adress given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business of the person whose address is given. | Address. | |||
(2) The Registrar may require the address to include the the street and the plot number in the s~reet of the premises. | name | of | ||
13. (1) The Registrar may require an applicant, opponent or agent, or a registered proprietor or registered user of a trade mark, who does not reside· or ca rry on business within Kenya to give an address for service within. Kenya, and that address may be treated as the actual address of that person for all purposes connected with the matter in question. | Address for service. | |||
(2) Any registered proprietor or registered user of a trade mark, or any person about to be registered as such, may give in form TM 32 an address for service for entry in the register, and such address may be entered by the Registrar. | ||||
(3) All applications in form 'TM 32 under this rule shall be signed by the applicant for registration or the registered proprietor or registered user, as the case may be, or by an agent expressly authorized by, him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows. | ||||
(4) In any case in which no address lor service is entered in the register, the Registrar may treat the trade or business address of the registered proprietor or registered user as therein entered as his address for service for all purposes connected with the registration. | ||||
(5) Any written communication addressed to a party or person as aforesaid at an address given by him, or treated by the Registrar, as his address for service shall be deemed to be properly addressed. | ||||
(6) The Registrar, at any time that a doubt arises as to the continued availability of an address for service entered in the register, may request the person for whom it is entered, by letter addressed to-his trade or business address in the register. to confirm the address for service. and if within three months of making such a request the Registrar receives no confirmation of that address he may strike it off the register. |
Agency.
Registrable
trade marks.
Flags, emblems, arms, etc.
Cap. 99.
Agents
14. (1) Except as otherwise required by" these Rules, any application, request or notice which is required or permitted by the Act or these Rules to be made or given to the Registrar or the court, and all other communications between an applicant or a person making such a request or giving such a notice and the Registrar, or the court, and between the registered proprietor or a registered user of a trade mark and the Registrar or the court or any other person, .may be signed, made or given by or through an agent.
Registrable Trade Marks and Preliminary Advice (Section 43)
15. (l) The Registrar may refuse to accept any application for the registration of a mark upon which any of the following appear
16. Representations in any form 'Of any of the following, or any device so nearly resembling them as to be likely to lead to rnistake, may not appear on trade marks the registration of which is 'applied
fu~ ..
(2) Where the name or description of any goods appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods.
20. (1) A person who' proposes to apply for the registration of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Registrar in form TM 28 or in form TM 27 in a case where he is also making an application under rule 114 for advice as to whether the trade mark, of which duplicate representations shall accompany the form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 12, or' inherently capable of distinguishing within the meaning of section 13, of the Act in relation to those goods, and shall apply separately it! relation to goods comprised within different classes of goods in the Third Sched ule to these Rules.
(2) A notice of withdrawal of an application for the registration of a trade mark given under subsection (3) of section 43 of the Act for the purpose of obtaining repayment of any fee paid on the filing of the application shall be given in writing within two months from the date of the notice of the Registrar's objection.
Application for Registration of a Trade Mark
2 I. (I) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent; for a trade mark other than a certification or defensive trade mark the ap)Jlication
[Subsidiary]
Arms of city, etc.
Living persons or persons recently dead.
Name or description of
goods on a
trade mark.
Preliminary advice by Registrar as to distinctiveness,
Form of application.
Representation
of mark.
Additional. forms and representations.
Representations to be durable.
Separate
applications.
Representations to be satisfactory.
Specimens of trade marks in exceptional cases.
shall be made in form TM 2; fora certification or a defensive trade mark the application shall be made in form TM 5 or form TM 31 respectively; and each application shall be for registration in respect of goods in one class only of the Third Schedule.
22. (1) Every application for the.registration of a trade mark shall contain a representation of the mark in the space provided on the application form for that purpose.
(2) Where the representation exceeds the space in size) the representation shall be mounted upon linen, tracing cloth or such other material as the Registrar may consider suitable; part of the mounting shall be affixed in the space and the rest may be folded.
(2) The 'Registrar may also, in exceptional' cases, deposit in the office a specimen or copy .of any trade mark which cannot conveniently be shown by a representation, and may refer thereto in the register in such manneras he may think fit.'
(2) Where a trade mark contains a word or words in a language other than English. the Registrar may ask for an exact translation thereof together with the name of the language, and the translation and name, if he so requires, shall be so endorsed and signed.
Procedure all Receipt of Application for Registration of a Trade Mark
'32. If the Registrar objects to the application. 'he shall inform the applicant of his objections in writing, and unless within two months the, applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application.
J 3. (1) If the Registrar is willing to accept the application subject to any conditions, amendments. disclaimer, modifications or limitations, 'he shall communicate his willingness to the applicant in writing, and, if the applicant objects to the conditions, amendments, disclaimer, modifications or limitations, he shall within one month from the date of the communication apply [or a hearing or communicate his considered objections in writing, and if he does not do so Jie shall be deemed to have withdrawn his application.
': (2):If the applicant does not object '10 the conditions, amendments, disclaimer, modifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly.
[Subsidiary]
Series of trade marks.
Transliteration and translation.
Search
Registrar's powers on application.
Objection by Registrar.
Conditions by Registrar.
Dedsionof Registrar.
Disclaimer.
Application
under
section 30.
,Application
under
section 40.
Authorization to proceed.
Case ; draft regulations.
34. (1) The decision of the Registrar, at a hearingunder rule 32 or rule 33, or without a hearing if 'the applicant has duly communicated his' considered objections or considered Teply, in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and If ·the applicant objects to the decision he may within one month, by applying in form TM 4, require the Registrar to state in writing the grounds of, and the materials used by him in arriving at, his decision.
(2) rna case where the Registrar makes any requirements to which the applicant does not object. the applicant shall comply therewith before the Registrar issues the statement in writing; and the' date when the statement is sent to the applicant shall be deemed to be the date of the Registrar's decision for the. purpose of appe~1.
35. The Registrar may call on an applicant to insert in his application such disclaimer as the. Registrar may think fit, in order that the 'public generally may understand what the applicant's rights, if his mark is registered, will be.
Defensive Trade Marks
36. (1): An application for the registration of a defensive trade mark under section 30 of the Act shall be made, addressed and, sen t to the Registrar in form TM 3 l , and shall be ..accompanied by " statement of. case setting forth full particulars of tke facts on which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose' by the Registrar.
Certification Trade Marks'
37. An application for the registration of a certification trade 'mark under section 40 of the Act shall be made to the Registrar in form TM 5, and shall be accompanied by two duplicates' of the application in that form, and' by six additional representations of the trade mark in form TM 3.
. 38. These Rules shall apply Ito applications under rule 37 as they apply' to applications for the registration' of ordinary trade marks, except that the applicant shall not be deemed to have abandoned his application if in the circumstances of rule 32 or rule 33 he does not apply for a hearing or reply in writing.
39. (1) The applicant shall send to the Registrar with his application or when required by the Registrar a case setting out the grounds on which he relics in support of his application together with draft regulations for governing the use of the mark and form TM 33, all being in duplicate.
(2) The Registrar may communicate .to the applicant any observations he may have to make on the sufficiency of the case or the 'suitability of the draft regulations and the applicant may modify either of those documents.
A dvertisement of A pplication
42. (1) 'An application for the registration of a trade mark required or permitted to be advertised by subsection (1) of section 21-of, or subparagraph (l) of paragraph 2 of the First Schedule to, the Act shall be advertised in 'the Gazette during such times and in such manner as the Registrar may direct.
(lA) Where an application for the registration of a trade mark which has ·been advertised under paragraph (1) is subsequently withdra-wn by -the applicant, that .withdrawal shall be advertised in the Gazette during such times and in such manner as the Registrar may
.direct.
(2) of section 24 of the AC't, the applicant may be required to supply a printing block (or more than one. if necessary) satisfactory to the Registrar of any or of each of the trade marks constituting the series: or the Registrar may, if he thinks fit, insert with the 'advertisement of the application a statement of the manner in which the several trade marks differ from one another.
45. Advertisements under subsection (I 0) of section 2'1 and subsections (2) and (4) of section 38 of the Act shall mutatis mutandis be ~ade in the same manner as advertisements relating to an application for registration.
45A. The expenses,' costs and charges incurred by or on behalf of the Registrar in effecting any advertisement in connexion with applica tions shall be repaid to the Registrar by the applicant concerned. and the Registrar may refuse to complete any registration until he has received such repayment.
Regulations and application to he open 'to inspection.
Registrar's
refusal.
Advertisement of application.
Printing block.
Advertisemen t
of series.
Advertisements
under section 2 J
(10) and section 38 (2) and (4),
Reimbursement for advertisernen ts. ' Opposition.
Notice of opposition.
Counter
statement.
Evidence in
support of
opposition.
Evidence in
support of
application.
Evidence in
reply by
opponenL
Further evidence.
Abandonment of application or opposition.
Opposition 10 Registration
48. Within forty-two days from .the receipt of the duplicate the applicant shall send to the Registrar a counter-statement in form T~1 7 setting out the grounds on which he relies as supporting his application.
5 I. \Yitbin one month from the receipt by the opponent of the copies' of the applican t's declarations the opponen t may leave with the Registrar evidence by statutory declaration in reply, and shall deliver to the applicant copies thereof; this evidence shall be confined to matters strictly in reply.
52. No further evidence shall be left on either side, but, in any proceedings before the Registrar, he may at any time give lea ve to either the applicant or the opponent to leave any evidence upon such terms ~IS to costs or otherwise as he may think fit.
52A. If the applicant or opponent fails to furnish the required coun ter-st.i tcmcn t or evidence in support within the times prescribed by rules 4t> to 52: the application or opposition. as the case may be, shall be deemed to be abandoned and the Registrar may proceed to make an a ward of costs.
53. (1) Where there are exhibits to declarations filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request and at his expense, or, if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Registrar in order that they may be open to inspection.
(2) The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.
54. (1) Upon completion of the evidence, the Registrar shall give notice to the parties of a date when he will hear the arguments in the' case.
,
58. Within sixty days from the date of any advertisement in the Gazette of an application for the registration of a certification trade mark, any person may give notice to the Registrar in form TiY1 36 of opposition under subparagraph (I) of paragraph 2 of the First Schedule to the Act: and rules 47 to 57 shall apply mutatis mutandis to the proceedings thereon with substitution of fonn TM 37 for form TM 7 and form TM 38 for form TM 8; and in any case of doubt any party may apply to the Registrar for directions.
Non-Completion
59. (l) \Vhere registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall in forrn 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
Exhibits.
Hearing.
Extension of time.
Security for
costs.
Costs in
uncontested
case.
Opposition to application under section 40.
Non-completion of registration.
Entry in register.
Associated
marks.
Death of applicant before registration.
Certificate of registration.
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
\
60. (1) As soon as may be after the expiration .of sixty days from the date of the advertisement in the Gazette of any application for the registration of a trade mark, the Registrar ~haU, subject to' any opposition and the dete~mination thereof, and subject to the provisions of subsection (l) of section 22 of the Act, and upon payment of the prescribed fee in form TM 9, enter the trade mark in the register..
61. (1) Where a mark is registered as associated with any other mark or. marks, the Registrar shall note in the register in connexion with the first-mentioned mark the numbers of the marks with which it-is associated, and shall also note in the register in connexion with each of the associated mal ks the number of the first-mentioned mark as being a mark associated therewith.
(2) An application by a registered' proprietor under subsection (5) of section 26 of the Act to the Registrar to dissolve the association between two or more' associated trade marks shall be made in form TM 18, and shall include a statement of the grounds of the application.
Renewal
64. (I) At any time not .more than three months 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.
Assignments and Transmissions
71. Where a person becomes entitled by assignment or transmission to a registered trade mark, he may, conjointly with the registered proprietor, make application to the Registrar in form TM 14 to register his title.
[Subsidiary]
Renewal of resistratlon.
Notice before removal of trade mark from register.
Second notice.
Ad vertiserne nt of non-payment.
Removal of
trade mark from register.
Restoration.
Record of removal of mark.
Notice and advertisement of renewal and restoration.
Joint application for entry of assignment or transmission.
[~ubsidiarJ ]
Application for
entry oJassign
ment or trans
mission by
subsequent
proprietor.
Particulars to be stated in application.
Case
accompanying
application.
Proof of title.
Application for entry .of assignment without aoodwill.
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 subsection (4} of section 32 of the Act, the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark, upon application made under rule 71 or rule 72, shall be six months from the date
. of advertisement in the Gazette of the registration of the trade mark, or such further period not exceeding six months as the Registrar may allow on application being made to him in form TM 13 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for' which the extension can be allowed.
80. (l) An application to the Registrar under subsection (7) of section 25 of the Act shall be made by the assignee in form TM 41, and shall state the date on which the assignment was made.
{Subsidiary1 Entry in register.
Separate registrations.
Registrar's
certificate of
approval as to
certain assign
ments and
transmissions.
Registrar's directions for advertisement of assignment without good, will of trade mark in use.
Alteration of address in register.
Application to rectify or remove a trade mark from the register.
TM 42, may be made at any time before or during the period for which extension can be allowed; the extension of the period which the Registrar may allow shall not exceed three months.
Alteration of Address
81. (1) A registered proprietor or registered user of a trade mark whose trade or business address is changed so that the entry in the register is rendered incorrect shall Iorthwith .request the Registrar in form TM 17 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.
Applications to the Registrar for Rectification (Sections 29, 36, 35 and 36)
82. (1) An application to the Registrar under any of the sections 29, 30, 35 and 36 of the' Act for the making, expunging or varying of any entry in' the register shall be made in form TM 25 and shall be accompanied by a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks.
(2) 'where the application is made by a person who is not the registered proprietor of the trade mark in question it shall be accorn-' panied by a copy of the application and a copy of the statement, and these copies shall be transmitted forthwith by the Registrar to the registered proprietor.
(2) Before dealing in any way with the application for leave to intervene the Registrar: ,may require the applicant to give an undertaking to pay such costs as in the c;ircumstances he may award to 'any party.
Applications for Alteration of the Register by Correction, Change,
Cancellation or Striking out Goods or for Entry of Disclaimer,
Memorandum or Note (Section 37 (1))
85. (1) An application to the Registrar under subsection (1) 01 section 37 of the Act for the alteration of the' register by correction, change, cancellation or striking out goods, or for the entry of a disclaimer or memorandum, may be made by the registered proprietor of the trade mark or by such person as may satisfy the Registrar that be is entitled to act in the name of the registered proprietor.
(2) Such applications shall be made in form TM 17, TM 19, TM20,TM21,TM 22,TM23or TMfi2, as may be appropriate; but an application in form TM 21, TM 22 or TM 32 shall be signed by .the registered proprietor or other person entitled under this rule unless in exceptional circumstances the Registrar otherwise allows, or, in the case of form TM 32 only, it is signed by an agent expressly authorized for the purpose of such an application.
86. In the case of an application as in rule 85, the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.
87.. Where application is made in form TM 23 to enter a disclaimer or memorandum relating to a trade mark, the Registrar, before deciding upon such application, shall advertise the application in the Gazette in order to enable any person desiring so to do to state, within one month or' the advertisement, any reasons in writing against the making of the entry of the disclaimer or memorandum.
88. Where the court has certified under Section 47 of the Act with regard to the validity of a registered trade mark, the registered proprietor thereof may request the Registrar in form T1'l 47 to add to the entry in the register a note that the. certificate of validity has been granted -in the course of the proceedings, which shall be namedin the form;' an office copy of the' certificate shall be sent with the request, 'and the Registrar shall so note the register and publish the note in the Gazette. '
Further procedure.
Intervention by third parties.
'Application under section 37 (1).
Evidence.
, Advertisemen t of certain applications .
Certificates of validity to be noted.
Alteration of registered mark.
Ad vertisemcnt before decision.
Declsion of Registrar.
Advertisement 'llustration.
Rectification of certification trade mark entries by the court.
Alteration of regulations.
Application for entry of registered user.
Applications to A Iter Registered Tr .4Je Marks
\
Court Orders for Rectification of Certification
Trade Mark Entries and Regulations
93. An application on any of the grounds mentioned in paragraph 4 of ·the First Schedule to the Act, made by an aggrieved person to the court for an order expunging or varying an entry in the register of or relating to a certification trade mark, or varying the relevant deposited regulations, shall be made in form TM 35 and shall include full particulars of the grounds on which the application is made.
A iteration of Certification Trade Mark Regulations
94. (1) An application by the registered proprietor of a certification trade mark for an alteration of the deposited regulations shall be made in form TM 34.
(2) Where the Registrar causes such an application to be advertised, the time within which any person may give notice to the Registrar of opposition to the application shall be one month from the date of the advertisement.
Registered Users
(2) A notification in writing of the' registration of a registered user shall be sent to .the registered proprietor of the trade mark, to the registered user and to every other registered user whose name is entered
·in relation to the same registration of a trade mark, and shall be inserted in the Gazette.
101. (1) Applications under subsection (2) of section 37 of the Act shall be made in form TM 17, Tivl 19,TM 20or TM 32, as may be appropriate. by a registered user of a trade mark, or by such person as may satisfy the Registrar that he is entitled to act in the name of a registered user; and the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.
(2) Tn case of the registration of a registered user for a period. in accordance with paragraph (d) of subsection (4) of section 32 of the Act, the Registrar shall cancel the entry of the registered user at the end of the period.
Entry and notification.
Registered
proprietor's
application
to vary entry.
Application by
registered
proprietor or
user to cancel
entry.
Application by any person to cancel entry.
'Notification
and hearing.
Registered user's application to correct error or enter change.
Extension of time.
Hearing,
Application for hearing.
Notice of
hearing.
Notification
of decision.
Dispensing with evidence.
Amendments of documents.
Extension of Time
102. If in any particular case the Registrar is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceeding under these Rules, not being a time expressly provided in the Act or prescribed by rule 76 or rule 80, he may extend the time upon such notice to other parties, and proceedings thereon, and upon such terms, as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceeding.
Discretionary Power
(2) Within seven days from the date when the notice would be delivered in the ordinary course of post, the person applying shall notify the Registrar whether or not he intends to be heard on the matter, and if he intends to appear he shall file form TM -8 and pay the prescribed fee thereon.
106. The decision of the Registrar in the exercise of any such discretionary power shall be notified to 'the person affeoted.
Power to Dispense with Evidence
107. Where under these Rules a person is required to do any act or thing, or to>sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the office, and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to do the act or thing, or to sign the document, or to make the declaration, or that the document or evidence cannot be produced or left, the Registrar may, upon the production 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
-108. 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.
Certificates
109. (1) The Registrar may give a certificate, other than a certificate under section 22 of dhe 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 ibe 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. .
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.
J J I. (1) Where a certificate of registration of a trade mark is issued for use in obtaining registration abroad, the Registrar shaIl 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
112. The statutory declarations required 'by the Act and these Rules, or used in any proceedings thereunder, shall ;bemade and subscribed as follows
J J 3. Any document purporting to have affixed, impressed or subscribed thereto or / thereon the seal or signature of any person authorized by rule 112 to take a declaration in testimony that the declaration was made and subscribed before him may 'be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration.
Certificates by Registrar.
Marks registered without limitation of colour.
Certificates for use in obtaining registration abroad.
Person before whom declaration is to be taken.
Presumption as to seal of officer taking declaration.
Searches.
Textile goods.
Metal goods.
Appeal to
court.
Applications to court.
Order of COUI t.
Publication of order of court.
Search
11.4. (1) Any person may request the Registrar in form TM 27 to cause a search to be made in respect of specified goods classified in any one class of the Second Schedule or the Third Schedule to these Rules to ascertain whether any mark is on record at the date of the search which resembles a trade mark of which duplicate representations accompany the form.
(2) The Registrar shall cause such a search to be made and the person making the request to be informed of the result thereof.
Textile Goods
115. The classes to which paragraph 1 of the Scc0I:1d Schedule to the Act applies shall be classes 22 to 26 inclusive of the Third Schedule to these Rules, but that paragraph shall apply 'only to goods in classes 22, 25 or 26 that are composed to a substantial extent of artificial or natural textile fibres or are complete articles of clothing.
Metal Goods
116. For the purposes of paragraph :2 of the Second Schedule to the Act, the classes which refer "predominantly to metal goods shall be classes 6 to 14 (inclusive) and 21 of the Third Schedule to these Rules.
Appeals to the Court
117. When a person intends to appeal to the court, the appeal sh311 be made by motion in the usual way, and no such appeal shall be entertained unless notice of motion is given within sixty days from the date of the decision appealed against or within such further time as the Registrar shall allow."
Applications to and Orders of the Court
(2) The register may, if necessary, thereupon be rectified or altered by the Registrar.
120. Whenever an order is made by the court under the Act, the Registrar may, if he thinks that the order should be made public, publish it in the Gazette.
FIRST SCHEDULE (r. J)
FEES
The following fees shall be paid in respect of applications, registrations and other matters under the Act; the· fees must, in all cases, be paid before or at the .tirne of doing the matter in respect of which they are to be paid; and for the purpose of those fees (except where otherwise provided below) every mark of a series under section 24 of the Act or any preceding similar enactment shall be deemed to be a mark separately registered.
Corres | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Matter or Proceeding | Amount | ponding | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
form | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sh. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1. | On | application | not | otherwise | charged | to | register | a | trade | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
mark for a specification of goods included in one class | 60 | TM2 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Ia. | On | application | to | register | a | series | of trade | marks | under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
section 24 | (2) | for | a | specification of goods included in | one | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
class | 60 | TM 2 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Ib. | On | application | to | register | a | defensive | trade | mark | for | a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
specification of goods included in one class | .. | 60 | TM 31 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
I c. | On application under section 40 | to | register | a | certification | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
trade mark for a specification of goods included in one class | 60 | TM 5 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Id. | On | application made at the | same time under section 40 | to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
register | one | certification | trade | mark | for | specification | of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
goods not all included in | one class- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
in respect of every class | 30 | TM 5 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
total fee in no case to exceed Sh. 600 for any number of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
classes. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2. | On request to | the Registrar to state grounds of decision | re | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
lating to an application to register a trade mark and materials | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
used | 60 | TM4 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3. | On notice of opposition before the Registrar under section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 for each application opposed, by opponent | 50 | TM 6 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3a. | On | lodging | a | counter-statement | in | answer | to | a | notice | of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
opposition under section 21, or paragraph. 2 (I) of the First | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Schedule, for each application opposed, by the applicant; or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
in | answer | to | a | notice of opposition under any of sections | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
29, 30, 3S and 36, by the proprietor in respect of each trade | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
mark; | or in | answer to | a | notice of opposition under section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
38 or section 39, for each application or conversion opposed, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
by the proprietor .. | 30 | TM 7 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3b. | On the hearing of each opposition under section 21, by the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
applicant and by the opponent respectively; | or on the hearing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
of an | application under any of sections 29, 30, | 35 and 36, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
by the applicant and by the proprietor respectively: or on the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
hearing of an | opposition under section 38 | or section 39, .by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
proprietor and | by opponent respectively; | or | on | a | hearing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
under rule 32 or 33, by the applicant | .. | 60 | TM·8 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3r. | On notice of opposition | before the court | under paragraph | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 (1) of the First Schedule for each application opposed, by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the opponent | 50 | TM 36 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3d. | On | lodging | a | counter-statement | in | answer | to | a | notice | of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
opposition | before the | court | under | paragraph 2 (1) | of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
First Schedule for each application opposed, by the applicant | 30 | TM 37 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3e. | On | the hearing of each opposition | before | the court | under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
paragraph 2 (I) of the First Schedule by applicant and | by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
opponent respectively | 50 | TM 38 |
FEEs-(Contd.)
Matter or Proceeding
Amount
4. For one registration of a trade mark not otherwise charged for a specification of goods included in one class
40. For one registration of a series of trade marks under section
24 (2) for a specification of goods included in one cIassfor the first mark aad for every other mark of the series ..
4b. For registration under section 40 of a certification trade mark for a specification of goods included in one class
4(. For 'oregistration upon applications made at the same time of one certification trade mark, under section 40, for specifications of goods not all included in one class-
in respect of every class total fee in no case to exceed Sh. 1,000 for any number of classes.
4d. For one registration of a defensive trade mark for a specification of goods included in one class' ..
5. Upon each addition to the registered entry of a trade mark of a note that the mark is associated with a newly registered mark
Sa. On an application to dissolve the association between registered trade marks .. .. .. .. .. ..
6. On application to register. a registered user of a registered trade mark in respect of goods within the specification thereof
Sa, On application to register the same registered user of .more than one registered trade mark of the same registered
°
'proprietor in respect of goods within the respective specifications thereof and subject to the same conditions and restrictions in each case-
for the first mark and for every other mark of the proprietor included in the application and statement of case
6b. On application by the proprietor of a single trade mark under paragraph (a) of section 31 (8) to vary the entry of a registered user thereof ..
6c. On application by the proprietor of more than one trade mark under paragraph (a) of section 31 (8) to vary the entries of a registered user thereof-
for the first mark and for every other mark of the proprietor for which the same user is registered, included in the application ..
6d. On application by the proprietor or registered user of a single trade mark under paragraph (b) of section 31 (8) for cancellation of the entry of a registered user thereof ..
6e. On application by the proprietor or registered user of more than one trade mark under paragraph (b) of section 31 (8) for cancellation of the entries of a registered user thereof-
for the first mark . '. and for every other mark of the proprietor for which the same user is registered. included in the application ..
6f. On application under paragraph (c) of section 31 (8) to cancel the entry of a registered user of a single trade mark ..
Sh.
50
50 5
50
50
60
5
50
50
50 5
50
50 5
50
50 5 50
Corresponding form
TM9
TM9
TM9
TM9
TM9
TM9 TM 18 TM48
TM48
TM49
TM49
TM 50
TM 50
TM 51
FEBS-(Contd~)
6g.
6h.
7.
Ta.
8.
8a.
8b.
8c.
9.
·Corres | ||
---|---|---|
Matter or Proceeding | Amount | ponding |
form | ||
She | ||
On application under paragraph (c) of section 31 (8) to | ||
cancel the entries of a registered user of more than one trade | ||
mark- | ||
for the first mark | 50 | TM 51 |
and for every other mark of the same proprietor for | ||
which the same user is registered, included in the appli | ||
cation | 5 | |
On notice under section 31 (9) and rule 100 of intention to | ||
intervene in one proceeding for the variation or cancellation | ||
of entries of a registered user of trade marks .. | 10 | TM 52 |
On request to enter in the register and advertise a certificate | ||
of validity under section 47 and rule 88 | ||
for the first registration certified .. | 20 | TM47 |
and for every other registration certified in the same | ||
certificate | 2 | |
On application under section 32 t4) and rule 76 for extension | ||
of time for registration of a corporation as subsequent pro | ||
prietor of trade marks on one assignment- | ||
not exceeding two months | 20 | TM 13 |
not exceeding four months | 40 | TM 13 |
not exceeding six months .. | 60 | TM 13 |
On application for certificate of the Registrar under section | ||
25 (5) and rule 79 | ||
for the first mark proposed to be assigned | 50 | TM 39 |
and for every other mark of the same proprietor in | ||
cluded in that assignment .. | 5 | |
On application for approval of the Registrar under section | ||
25 (6) and rule 79 | ||
for the first mark | 50 | TM40 |
and for every other mark of the same proprietor in | or 29 | |
cluded in the same transfer | 5 | |
On application for directions by the Registrar for advertise | ||
ment of assignment of trade marks in use, without goodwill | ||
for one mark assigned | 30 | TM 41 |
and for every other mark assigned with the same | ||
devolution of title .. | 5 | |
On application for extension of time for applying for | ||
directions for advertisement of assignment of trade marks | ||
in use, without goodwill, in respect of one devolution of | ||
title- | ||
not exceeding one month .. | 20 | TM 42 |
not exceeding two months | 40 | TM 42 |
not exceeding three months | 60 | TM 42 |
On application to register a subsequent proprietor in a Case | ||
of assignment or transmission of a single trade mark- | ||
if made within six months from the date of acquisition of proprietorship or the coming into force of these Rules | 40 | TM 14 |
or 15 | ||
if made after expiration of six months but within twelve | ||
months from the date of acquisition of proprietorship or the coming into force of these Rules .. | 50 | TM 14 or 15 |
FEES-{Conrd.)
Matter or Proceeding
if made after expiration of twelve months from the date of acquisition of proprietorship or the coming into force of these Rules .
90. On application to register a subsequent proprietor of more than one trade mark standing in the same name, the devolution of title being the same in each case-
if made within six months from the date of acquisition
of proprietorship or the coming into force of these Rules-for the first mark and for every other mark
if made after expiration of six months but within twelve months from the date of acquisition of proprietorship or the coming into force of these Rules-
for the first mark
and for every other mark if made after expiration of twelve months from the date of acquisition of proprietorship or the coming into force of these Rules-
for the first mark and for every other mark
10. On application to change the name or description of a proprietor or a registered user of a single trade mark where there has been no change in the proprietorship or in the identity of the user
lOa. On application to change the name or description of a proprietor or a registered user o{ more than one trade mark standing in the same name, where there has been no change in the proprietorship or in the identity of the user, the change being the same in each case-
for the first mark and for every other mark of the series
11. For renewal of a registration of a trade mark at expiration of last registration .. 11 Q. For renewal of registration of a series of trade marks under
section 24 (2) at expiration of last registration-
for the first mark of the series
and for every other mark of the series
11 b. For renewal of registrations of the same certification trade
mark with the same date for goods in more than one cIassin respect of every class total fee in no case to exceed Sh. 1,000 for any number of classes.
lIe. Additional fee under rule 67 lld. Restoration fee under rule 68 ..
12. On an application to the Registrar for leave to add to or alter
I
a single registered trade mark ..
12a. On an application to the Registrar for leave to add to or alter more than one registered trade mark of the same proprietor, being identical marks, the addition or alteration to be .made, in each case, being the sarne->for the first mark
Amount
Sh.
60
40 5
50 5
60 5
10
]a 5
100
100 5
]00
30 60
50
50
Corresponding form
TM 14 or 15
TM 14 or 15
TM 14 or 15
TM 14 or 15
TM 20
TM20
TM 10
TM 10
TM 10
TM 11
TM 12
TM24
TM24
FEES-{Contd.)
12b.
16a.
190.
20.
200.
Corres | ||
---|---|---|
Matter or Proceeding | Amount | ponding |
form | ||
Sh. | ||
and for every other mark | 20 | |
On notice of opposition to application for leave to add to or | ||
alter registered trade marks, for each application opposed . ~ | 50 | TM 45 |
For altering one or more entries of the trade or business | ||
address of a registered proprietor or a registered user of a | ||
trade mark where the address in each case is the same and is | ||
altered in the same way (unless exempted from fee under | ||
rule 81) | ||
for the first entry | 10 | TM 17 |
and for every other entry .. . . . . . . . . | 2 | |
For every entry in the register of a rectification thereof or an | ||
alteration therein, not otherwise charged | 20 | TM46 |
For cancelling the entry or part of the entry of a trade mark | ||
upon the register on the application of the registered pro | ||
prietor of the trade mark | 10 | TM 21 |
or 22 | ||
On application under any of sections 29, 30, 35 and 36 for | ||
rectification of the register or removal of trade mark from | ||
the register | 60 | TM25 |
On application for leave to intervene in proceedings under | ||
any of sections 29, 30, 35 and 36 for rectification of the register | ||
or removal of trade mark from the register .. | 40 | TM 26 |
On request, not otherwise charged, for correction of clerical | ||
error or for permission to amend application . . . . | 10 | TM 19 |
On request by registered proprietor of a trade mark forentry | ||
of disclaimer or memorandum in the register | 10 | TM23 |
On application to the court under rule 93 to expunge or vary | ||
the registration of a certification trade mark or to vary the | ||
deposited regulations of a certification trade mark or of | ||
certification trade marks of the same registered proprietor | ||
where the regulations are substantially the same | 60 | TM 35 |
On request to the Registrar by the registered proprietor of a | ||
certification trade mark to permit alteration of the deposited | ||
regulations thereof-for the regulations of one such registration | 30 | TM 34 |
for the same or substantially the same regulations of | ||
each other registration proposed to be altered in the | ||
same way and included in the same request | 5 | |
On application by the registered proprietor under rule 6 for conversion of specification | 10 | TM 43 |
On notice of opposition to a conversion of the specification | ||
or speclfications of a registered trade mark or registered | ||
trade marks. | ||
for one mark | 50 | TM44 |
for every other mark of the same proprietor having the same specification .. | 5 | |
For a search under rule 114 in respect of one class- | ||
without application for the Registrar's advice under | ||
rule 20 | 30 | TM27 |
with application for the Registrar's advice under rule 20 | 40 | TM27 |
On request for the Registrar's preliminary advice under rule |
FBEs-(Contd.)
·1
CorresMatter or Proceeding
Amount
ponding form
20 for each trade mark submitted in respect of one class ..
23. For certificate of the Registrar (other than certificate' under section 22 (2») of the registration of a trade mark .. . .
23a. For certificate of the Registrar (other than certificate under section 22 (2)) of the registration of a series of trade marks under section 24 (2)
24. For cancelling or making one or more entries of an address for service of a registered proprietor or a registered user of a trade mark where the address in each case is the same, on application made after the registration in each case--
for the first entry .
and for every other entry .. ,
total fee in no case to exceed Sh. 500 for any number of
. entries.
24a. For certificate of the Registrar (other than certificate under section 22 (2)) of the registration of a series of trade marks under section 24 (2)
25. For inspecting register or notice of opposition, counter-statement or decision in connection with any opposition or application for rectification of the register relating to any particular trade mark, for every quarter of an hour
26.. For permission to search amongst the classified representations of trade marks, for every quarter of an hour ..
with a bill of costs . 33. On application for a certificate of taxation ..
Sh. 20 '20 | TM28 . TM30 |
30 | TM 30 |
5 1 | TM 32 |
30 | TM 30 |
5 5 1 | |
10 20 10 10 20 |
SECOND SCHEQULE (rr, 5, 6 and 114)
CLASSIFICATION OF GOODS
Class 1 Chemical substances used in manufactures, photography or philosophical research and anti-corrosives.
Class 2
Chemical substances used for agricultural, horticultural, veterinary and sanitary purposes.
Class 3
Chemical substances prepared for use in medicine and pharmacy.
Class 4
Raw, or partly prepared, vegetable, animal and mineral substances used in manufactures, not included in other classes,
Class 5
Unwrought and partly wrought metals used in manufacture.
Class 6
Machinery of all kinds, 'and parts of machinery, except agricultural and horticultural machines and their parts included in Class 7.
Class 7 | |||||||
---|---|---|---|---|---|---|---|
Agricultural machinery. | and | horticultural | machinery, | and | parts | of | such |
Class 8 |
Philosophical instruments, scientific instruments and apparatus for useful purposes; instruments and apparatus for teaching.
Class 9
Musical instruments.
Class 10
Horological instruments.
Class 11 Instruments, apparatus and contrivances, not medicated, for surgical or curative purposes, or in relation to the health of men or animals.
Class 12
Cutlery and edge tools.
Class 13
Metal goods, not included in other classes.
Class 14
Goods of precious metals and jewellery, and imitations of such goods and jewellery:
Class 15
Glass.
[Subsidiary)
CLASSIFICATION OF GooDs-(Contd.)
Porcelain and earthenware.
'Class'Yl
Manufactures from mineral and other substances for building or decoration.
(a) Cotton yarn.
(b) Sewing cotton.
Silk piece goods.
CLASSIFICATION OF GooDs-{Contd.)
Mineral and aerated waters, natural and artificial, including ginger beer.
CLASSIFICATIO~ OF GOODs-·-(Conrd.)
Class 45
Tobacco, whether manutactured or unmanufactured.
Class 46
Seeds for agricultural and horticultural purp,?ses.
Class 47
Candles, common soap, detergents; illuminating, heating or lubricating oils; matches; starch blue, and other preparations for laundry purposes.
Class 48
Perfumery (including toilet articles, preparations for the teeth and hair and perfumed soap).
Class 49
Games of all kinds and sporting articles not included in other classes.
Class 50 Miscellaneous:
(8)' Buttons of all kinds, other than of precious metal or imitations iliereot .
[Subsidiary]
THIRD SCHEOULE (rr. 5, 6, 20, 21,114, 115 and 116)
CLASSIFICATIQN OF GOODS
Names of the Classes
(Parts of ali article or apparatus are, in general, classified with the actual article or ap paratns, except where such parts constitute articles included ill other classes)
(SubsidiaryJ
: 1. Carpets, rugs, mats and matting; linoleums and other materials for covering floors; wall hangings (non-textile).
NOTES
• The full name of all partners in a firm must be inserted, and the kind and country of incorporation of bodies corporate stated.
Ca) Here state name and address of agent.
(e-) I·lere insert [he full trade or business address of the person appointing the agent.
FOURTH SCHEDULE (r. 4)
FORMS
Form TM I
For | stamp | duty | ||
---|---|---|---|---|
see | Schedule | to | ||
the | Stamp | Duty | ||
Act. |
FORM OF AUTHORIZATION OF AGENT IN A MAllER OR PROCEEDING UNDER TH!! ACT (Rule 14) *1 [We]
have appointed (aJ . of .
to act as my [our] agent for (b) . ............................................ No . and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address. I [We] hereby revoke all previous authorizations, if any, in respect
of the same matter or proceeding. I [We] hereby declare that I | am | [we are] | a | (c) | . | |||
---|---|---|---|---|---|---|---|---|
Dated (d) | this | day | of | ,·19 | . . |
Address (e) ............................................•.•.
(To be struck out if the person appointing the agent desires his own address to be treated as the address for service after registratlon.)
I [\Ve] also authorize the said (a) . .................... to complete form TM 32 requesting the entry of an address for service QS part of any registration obtained under the above authorization.
Dated this day of , 19 .
(d) "
Address (e) •........•......•.......•.........•...•...•.•... To: The Registrar of Trade Marks,
P.O. Box 30031, Nairobi.
FEB
Form T~1 2
Sh.60
_I
ApPLlCATIO~ FOR R.EGISTRATION OF TRADE MARK IN PART.
OF THE REGISTER
• Write distinctly here "A" or "8" according to the registration desired..
One representation to be fixed within this space and four others to he sent on separate Forms TM 3.
Representations of a large size may be folded, but must then be mounted upon linen or other suitable material and affixed hereto.
Application is hereby made for Registration in Part"
of the Register of the accompanying Trade Mark in Class
(a) Here specify the in respect of (a) ......................................••.. goods. Only goods included in one and the same class should be specified. A separate application form is
••••0 .
req uiredfor each class.
Cull trade or business address of the applicant. . ••••••••.•..•••....••••••••••••.••. "•••• _••••••••••••••••••
One rep re· sentation of the trade mark to be affixed within this space. It must correspond exactly in all respects with the rep r e sentation affixed to the application form.
Any representation larger than the space provided may be folded but must then be mounted upon' linen or
'0 the r suitable
material and
affixed hereto.
trading as (d) | . | ||||||||
---|---|---|---|---|---|---|---|---|---|
by whom it is (e) proposed proprietor[s] thereof. (f) ... - | to | be used and | who | claim[s] | to | be | the . . | ||
.. | . | ||||||||
Dated | this | day | of | ]9 | . |
(g) ..................................•.................
To: The Registrar of Trade Marks,
P.O. Box 30031, Nairobi.
Form TM 3
ADDITIONAL REPRESENTATION OF TRADE MARK. TO ACCOMPANY ApPLICATION FOR REGISTRATIO:'-J
Four of these Additional Representations of the Trade Mark must accompany each Form of Application.
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
FEE
Form TM 4
Sh.60
REQUEST FOR STATEMENT OF GROU~DS OF DECISIO~ | ||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
IN THE MAITER OF (a) '. The Registrar is hereby requested to state in writing the grounds of his decision, dated the ".. , day of ,., , 19 , and the materials used by him in arriving at the decision. | (a) Here insert words and number identifying the matter or proceeding. | |||||||||||||||
Dated | this | , | , .. | day | of | 0, , | •• , ••••• " | 19 | , | |||||||
(b) | , .. , . , .. , | , | . | (h) | Signature, | |||||||||||
To: The Registrar of Trade Marks, P.O. Box 30031, Nairobi. | ||||||||||||||||
If the Registrar has made any requirement to which the Applicant does not object, the Applicant shall comply therewith before the Registrar issues the ground of his decision. (Sec rule 34.) | ||||||||||||||||
Form TM 5 | FEE 1st Sch., Items 1c., | 1d. |
ApPLICATIO:--.l FOR REGISTRATION OF CERTIFICATION TRADE MARK (Section 40)
(To be filed in triplicate)
One representation to be fixed within this space and six others to be sent on separate forms TM 3.
Representations of a larger size may be folded. but must then be mounted
upon linen or
o the r suitable material and af· fixed hereto.
(Subsidiary}
(c} Here insert the full address of the applicant.
(dl Signature.
Application is hereby made for Registration in Part A of the Register of the accompanying Certification Trade Mark in Class
...............................................................
in respect of (a) . in the name of (b) ............................................•• whose address is (c) .
Dated this day of ., 19 .
(d) " ".
To: The Registrar of Trade Marks)
P.O. Box 30031.
Nairobi.
FEE
Form TM 6
Sh. 50
NOTICE OF OPPOSITION TO ApPLlCATIO~ FOR REGISTRATION OF A
TRADE MARK
(To be accompanied by an unstamped duplicate) | ||||
---|---|---|---|---|
I~ | THE MATTER OF | an | Application No | . |
by | . | |||
of | . |
I [We] (a) ......................••........•........••....•..... hereby give notice of my [our] intention to oppose the Registration of the Trade Mark advertised under the above number for Class ........ .. in the Gazette of the day of . 19 ) No , page The grounds of opposition are as follows: .
(b) ................................•...........................
Dated this day of '.' , 19 .
(c) •.......................................
To: The Registrar of Trade Marks)
P.O. Box 30031, Nairobi.
FEE
Form T~1 7
Sh. 30
FORM OF COUNTER-STATEMENT
(To be submitted in duplicate)
I:'-l THE M.\TTER OF an Opposition No..•................••....
to Application No. . " ~
I [\Ve] '.' the applicant[s] for Registration of the above Trade Mark. hereby give notice that the following are the grounds on which J [we] rely as supporting my [our] application:
............................................ , .
~
....................................... tt • ..
I [We] admit the following allegations in the notice of opposition:
Address for service in Kenya in these proceedings: | . | |||||
---|---|---|---|---|---|---|
........................................................... ".s | .. | |||||
Dated | this | day of | , | 19 | . | |
(a) | . | |||||
To: The Registrar of Trade Marks. P.O. Box 3003 I, Nairobi. |
FEE
Form Tt\.1 8
Sh.60
NOTICE TO THE REGISTRAR OF ATTE:"JDANCE AT HEARING [We] (a) ....................................•.....•..... of . hereby give notice that the hearing of the arguments in the case of:
which, by the Registrar's Notice to me [us] dated the day of , 19 , is fixed for at the Registrar's Office on the day of 19...., will be attended by me [us] or by some person behalf. | a.m. on | my | or | . p.m. , [our] | |||
---|---|---|---|---|---|---|---|
Dated this | day of | , | 19 | . |
(c) ..............................•...•.••.•
(d) ..... :.•.......................... •..... To: The Registrar of Trade Marks,
P.O. Box 30031, Nairobi.
(a) Signature.
FEE
1st Sch., items 4,
Form TM 9
4a. 4b. 4c, 4d,
and 5
FEE FOR REGISTRATION "OF A TRADE MARK
(1/ the Applicant has furnished a printing block 'for advertisement, this Form must be accompanied by one unmounted representation of the Mark, exactly as shown on the Form of Application.)
The | prescribed | fee | for | the | registration | of | the Trade | Mark | No. | |||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
. . . . . . . . . . . . . .' .. | in Cla | ss | is hereby transmitted. | |||||||||||
Dated | this | day of | . I | ••••••• '0 •••••• , | 19 | . | ||||||||
(a) | . |
To: The Registrar of Trade' Marks,
P.O. Box 30031, Nairobi.
Form TM 9/\
NOTICE OF NON-COMPLETION OF REGJSTRATIO:-.l
No.
The Registrar, as required by section 22 (3) of the Trade Marks Act and rule 59 of the Trade Marks Rules (copies of which are printed on the back hereof), bas to point out that the registration of the trade mark, in respect of which your application numbered as
above was made on the day of , 19 , has not been completed by reason of your default, Unless it is completed within fourteen days from this date the application will be treated as abandoned.
Dated this day of .. , 0 19 .
•••••••••••• ,
To
The Office of the Registrar of Trade !\1arks,
P.O. Box 30031, Nairobi.
[poT.a. [Back]
Section 22 (3)
Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.
Rule 59
FEE
Form TM 10
1st Sch., items 11, lla, lIb | |||||
---|---|---|---|---|---|
of | I .. 0 | [0 0 | We] • 0 | RENEWAL OF (a) 00.0 •• 0 ••• 0 •• '0' ••• 0 | REGISTRATION OF TRADE MARK •••••••••• "••••• 0 00' 0 ••••• 0 •••••••• o. 0 0 • o' o••• 0 • 0 ••••••••••• 0 •••••••• 0 ••• : •••• hereby |
leave the prescribed fee of Sh. . 0 0 for Renewal.
0 o'
of Registration of the Trade Mark No in Class
o. 0 0 ••••••
(b) which I am directed by the proprietor of the Trade Mark, that is
to say by (c) .. 0•••••••••••0• 0•••0000• 0• 000000•••000•0•••••••••,
to pay. Dated this day of , 19 •••.
(d) ........•...................... "
0
(e) • 0
••••••••••••••••••••••••••••• I ••••••••
To: The Registrar of Trade Marks,
o
P.O. Box 30031, Nairobi.
Notes
[p.T.a.
(a) | Insert | here | |
---|---|---|---|
the | name | and | |
address | of | the |
person lea ving the fee.
[Back]
(j) If the request is sign~ by the RegIstered Proprietor
strike | out | here | |
---|---|---|---|
the | words | "The | |
Registered | Pro | ||
prietor" | and | ||
substitute | the |
word "me".
(g) Signature.
The Registrar is requested to send notice of renewal of th registration to (f) the Registered Proprietor at the following address
................................................................... .., .
"
..
Dated this day of , 19 .
(g) ....................•..........••.....•.
Form TM 10" CERTIFICATE OF REGISTRATION OF TRADE MARK
[Trade Mark]
The Trade Mark shown above has been registered in Part A [B] of the Register in the name of . in Class under No. ..............•. as of the date of 19 , in respect of .
Sealed at my direction, this day of , 19 .
Registrar..
The Office of the Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
Registration is for seven years from the date first above mentioned, and may then be renewed, and also at the expiration of each period of 14 years thereafter.
This certificate is not for use in legal proceedings or for obtaining registration abroad.
Note.:-Upon any change of .ownership of this Trade Mark, or change in address, application should at once be made to the Registrar to register the change.
FEE
Form TM 11
She 30
ADDITIONAL FEE OF SHe 30 TO ACCOMPANY RENEWAL FEE
(FOR.\1 TM 10) WITHIN ONE MONTH AFfER
ADVERTISEMENT OF NON-PAYMENT OF
RENEWAL FEE
(To accompany form TM 10)
In pursuance of the notices issued by the Registrar, 1 [we] hereby leave the additional fee of She 30, along with form Tl\1 10, for the renewal of the Registration of the Trade Mark No. . . in Class .
Dated this day of ................, 19....
(a) ......••................................
(b) , ..
To: The Registrar of Trade Marks,
P.O. Box 30031.
Nairobi.
N.B.-This form must be signed by' the person[s] signing the form TM 10 which accompanies it.
FEE
Form TM 12 Sh.60
RESTORATIO~ OF TRADE !\1ARK REMOVED FROM REGISTER FOR
NON-PAYMENT OF FEE
(To accompany form TM 10)
In pursuance of the notices issued by the Registrar, I [we] hereby transmit the additional fee of She 60, along with form TM 10, for the restoration to the Register of the Trade Mark No . in Class .
Dated this day of , 19 .
a ••• a • a a •••••••••••
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
N.B.-This form must be signed by the person[s] signing the
form TM 10 which accompanies it.
(a)' Signature.
(b) Address.
FEE
Form TM 13
1st Sch., item 7a
• Additional numbers may be given in a signed
schedule on the back of the form.
ApPLICATION UNDER RULE 76 FOR EXTENSION OF TIME, IN ACCORDANCE
\VITH SECTION 32 (4), FOR THE REGISTR.-\TION OF THE NAME OF A
CORPORATION AS SUBSEQUENT PROPRIETOR OF A TRADE MARK
IN THE REGISTER
Application is hereby made by (a) ....................•.•....
... ".. " ...... """ " " " " """ ".".. " .. """ .. """"" .. " .. """""" "" " . " """ " " " ".."." .......
............ " .......... " " " "" "" " """" " """ " " "" """"".. " """ """""""""""""""""""""
""" .. " " "" .. " ~ """ "" "" "" .""""""" """ .. """" " """ ... "".." """ " """ " "" .. " "." ".. for an extension of time by (b) months of the period of six months allowed by section 32 (4) and rule 76 for registering its name, by force of one assignment, as proprietor of the following Trade Mark(s) registered upon applications[s] conforming to paragraph (a) of section 32 (1);
(c) Registration Number Class
Dated this day of , 19 .
(d) ".......•......•••.•.•.
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
FEE Form TM 14
1st Sch., items
9,9a
JOINT REQUEST TO THE REGISTRAR BY REGISTERED PllOPRIETOR AND
TRANSFEREE TO REGISTER THE TRANSFEREE AS SUBSEQUENT
PROPRIETOR 'OF TRADE MARKS UPO~ THE SAME
DEVOLUTION TO TITLE
We (a) ..................................................... · ,.
and (b) ..................................................•.....
·.
hereby request, under rule 71, that the name of (c) .
· ,.
carrying on business as (d) ~ .................•.....
·.
'"
at (e)
;0 •••••••••••••••••••••••••••••
may be entered in the Register of Trade Marks as proprietor of the
Trade Mark[s] No.[s] ..........• in Class as from the
(I) by virtue of (g) ••••..••.•...••.....••
.......................................................................... ." ..
(II) The trade mark at the time of the assignment was (h) [not] used in a business in the goods in question, and the assignment took (11) [did not take] place on or after the appointed day otherwise than in connexion with the goodwill of a business in the goods, (Il) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith
and | a | statement | of the dates | of issue of | any | publications containing | ||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
them. | ||||||||||||
Dated | this | day | of | ................• 19 | . | |||||||
(i) | ............................•.•...•....• | |||||||||||
(j) | .............................•••....• '.•• |
To: The Registrar of Trade Marks.
P.O. Box 30031 Nairobi.
JVo(e.---·The instrument under which the Transferee claims should preferably accompany this form.
F EE
Form TM 15
lst Sch.• items
[
9. 9a
REQUEST TO THE REGISTRAR TO REGISTER It. SUBSEQUENT PROPRIETOR
OF A TRADE M.\RK OR TRADE MARKS UPON THE SAME DEVOLUTION
OF TITLE
I [We] (a) .
hereby request that my [our] name may be entered in the Register of
Trade Marks as proprietor of Trade Mark[s] No.[s] *
in Class as from the (b) ...................•.•
I am. [We are] entitled to the Trade lvlark[s] by virtue of (c)
........................................., .
...............................................................
(d) Thetrade mark at the time of the assignment was (d) [not] used in a business in the goods in question. and the arsignrnent took (d) [did
.not take] place on or after the appointed day otherwise than in connexion with the goodwill of a business in the goods. (d) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith and a statement of the dates of issue of any publications containing them.
Dated this day of ................• 19..••
(e) ......................................•.
To: The Registrar of Trade Marks,
P.O. Box 3003I.
Nairobi.
Note.-The instrument under which the Transferee claims should preferably accompany this form.
[Subsldlary] ef) D ate of acquisition of proprietorship.
(g) Full particulars of the instrument of assignment or transmission. if any. or statement of case.
(Ii) Strikt: (J ~!t any words not applicable. CSee rule 76.)
co Signature of ass i g nor or transrniuer.
• Additional numbers rna)' he given in a signed -chcdulc on the back of the form.
(!» D ate of acquisition of proprietorship.
(t') Here insert filII particulars of the instrument of assignment or transmission. if any, or statement of case.
Form TM ]6 DECLARATION (ONLY TO BE FURNISHED \VHEN REQUESTED BY THE REGISTRAR) IN SUPPORT OF STATEMENT OF CASE ACCOMPANYING" FORM Ttv1 14 OR T~l·15
I, ,
of .
do solmenly and sincerely declare as follows: .
The particulars set out in the Statement of Case, exhibit marked
................ and left by me in connexion with my request to be
registered as subsequent proprietor of the Trade Mark No .
in Class , are true and comprise every material
fact and document affecting the present proprietorship of the Trade
Mark.
I make this -declaration conscientiously believing fhe same to be
true and according to the Oaths and Statutory Declarations Act.
Declared at }
................... (a)
(a) To be signed by the person
this dayof ,19 .
making the declaration.
Before me,
(b) ..................................•.....
(b) Signature and title of authority before whom declaration is made. To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
Form TM ]7
FEE
1st Sch., item 13
REQUEST FOR ALTERATION OF TRADE OR BUSINESS ADDRESS IN REGISTER OF TRADE MARKS IN THE MATTER OF the Trade Mark[s] No.[s] ..................• registered in Class I [We] \ .
of ...........................................................• Proprietor[s] "1
the Registered (a)· . User[s] | r. of the Trade Markjs] numbered as J | ||||||||
---|---|---|---|---|---|---|---|---|---|
above, request that my [our] | trade | address in | the | Register of Trade | |||||
Marks be altered to | |||||||||
Dated | this | day of | , | 19 | . | ||||
(b) | . |
Note.-A Registered Proprietor or Registered User whose address has been altered by a public authority, so that the changed address designates the same premises as before, may make also the statement below in order to avoid payment of the fee; and if the statement is made, and a certificate of the alteration given by ·the named authority supplied, the Registrar, if satisfied as to the facts of the .case, will not require form TM 17 to be fee paid. (See rule 81.)
(For use only in case of an address changed by a public authority, without change of premises)
The change of address. for the entry of which application is made
above, was ordered by (a) .
onthe dayof ,19 .
(b) •......................................•
To: The Registrar of Trade Marks,
P.O. Box'3f\031, Nairobi.
• Additional numbers may be given in a signed
schedule on back of form. | the the | |
---|---|---|
(a) | Strike | out |
one of these words.
proprietor | or | |
---|---|---|
user, | as | the |
case | may be. |
FormTM 18
f_
ApPLICATION TO THE REGISTRAR l:~DER SEC nON 26 (5) A~D RULE 61
TO DISSOLVE THE ASSOCIAT10~ BET\\'ElN A REGISTERED 'fRADE .~1ARK
AND (AN) OTHER REGISTERED TRADE tv! ARK(S)
(To be 'accompanied by a Statement 0/ Case)
IN THE MATTER OF a Trade Mark No . registered in Class . I [We] .
the Registered Proprietor[s] of the above-numbered Trade Mark, hereby apply that the association of this Trade M ark with the following Trade Mark[s] registered in my [our] name :
No registered in Class . No. registered in Class . may be dissolved and the Register amended accordingly. The grounds for this application are set forth in the accompanying Statement of Case. Dated this day of ................• 19 .
(a) ..................••......•.............
To: The Registrar of Trade M arks.
P.O. Box 30031, Nairobi. | |||||||
---|---|---|---|---|---|---|---|
Form TM 19 | FEE Sb. 10 | ||||||
REQUEST FOR CORRECTI | ON OF AMEND CL | ERROR; ApPLICATION ERICAL | OR | FOR | PERMISSION | '10 |
IN THE MAlTER OF (a) ......••....•••••••••••••••••••••••••• I ['We], being the ~ . hereby request that . .................................................................................................... .. .. ....................................II .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. ...... ...... .. .. .. .... .. ......... .. ..... .. .. ...... .. .. .... .. .. .. .. .... .. .. .. .. .. .... .. ... .. .. .. ... .. .. .... .... .. .. .... .. .. ... .. .. .. .. .. .. ... .... .. .. .. .. .. .. ... .. .. .... .. .. .. .. .. .... .. .. ... .. .. .. .... .. .. ..... ..•......•....•••••..".." """"""" ".." ""..e-" " . "" """ .. """ .. " .. " .;.." .. """ . ... .. " "" " " " .." .. " .. " " " """" " ..
Dated this day of , 19 .
(b) .
To: The Registrar of Trade Marks,
P.O. Box 30031, Nairobi.
FEE
Form TM 20
1st Sch., items io, lOa
REQUEST TO. ENTER CHANGE OF NAME OR DESCRIPTION OF REGISTERED
PROPRIETOR (OR REGISTERED USER) OF TRADE MARK UPON
THE REGISTER
I [We] (a) ~ . ........................................................ .. .. .. .. .. . .. ..... ..... .. .. ... ... .. .. .. .. .. .. .. .... ..
hereby request that my [.our] name[s] and description[s] may be entered in the Register 0 f Trade 1\1 arks as proprietor[s] [or registered user[sJ] of the Trade Markjs] No.[s] (b) registered in Class .
I am [We are] entitled to the said Trade Mark [or to use the said Trade Mark as registered user[s]].
There has been no change in the actual proprietorship [or the identity of the registered user[s]] of the said Irade Mark, but (c)
The entry at present standing in the Register gives my [our] namc[s] and description[s] all as follows: ..............................................................................................................
....... It.. " ..
Dated this day of '..........• 19 .
(d) ..............................•..•....•.
I'o : The Registrar of Trade Marks,
P.O. Box 30031.
Nairobi.
given on a
signed schedule on the back of the form.
(a) Here insert the trade or business address and description of the applicantts) or his (their) firm.
.(b) Signature.
Form TM 2] FEE
She 10
~PPLTCATION BY REGISTERED PROPRIETOR OF TRADE MARK FOR THE CANCELLATION OF ENTRY THEREOF IN REGISTER (Paragraph (c) of section 37 (1) and rules 85 and 86) ~N THE MATTER OF Trade Mark No . Class . Name of Registered Proprietor .
Trade or business address .
Description
Application is hereby made by .
of (a) ...•.••.....................•.................•... [or ·by
·............... .. a member of the Firm of .
·......................... .. of (a) ............•..........•.... on behalf of my said Firm] , .
· .
~
that the entry in the Register of Trade Marks of the Trade Mark No. in Class ' . may be cancelled.
Dated this day of , 19 .
(b) . To: The Registrar of Trade Marks.
P.O. Box 3003l.
Nairobi.
Note.-:-Rule 85 requires that an application in form TM 21 shall be signed by the Registered Proprietor of the Trade Mark, or other person entitled under that rule, unless in exceptional circumstances the Registrar otherwise allows.
FEE
Form TM 22
Sb~ 10
ApPLICATIO:-.l BY REGISTERED PROPRIETOR OF TRADE MARK TO THE
REGISTRAR TO STRIKE OUT GOODS FROM THOSE FOR WHICH
THE TRADE MARK IS REGISTERED
(Paragraph (d) of section 37 (1) and rules 85 and 86)
IN THE MATTER OF Trade Mark No . registered in Class . Name of Registered Proprietor .........................•...••...
Trade or business address .....•.....•..•••••••••••••.•.••.•••••
Description .
Application is hereby made by .
of (a)
[or by ..:.. . a member
of the Firm of .
....................................... .
on behalf of my said Firm] .
for the striking out of (b) .................................•....
from the goods for which the Trade Mark No.
is registered in Class .
Dated this day of , 19 .
(e) ......................................•.
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
Norc.-Rule 85 requires that an application on form TM 22 shall be signed by the Registered Proprietor of the Trade Mark, or other person entitled under that rule, unless in exceptional circumstances .the Registrar otherwise allows.
nate the goods to be struck out.
(c) Si~nature.
Form T~f ~3
REQUEST BY REGISTERED PROPRIE'IOR OF A TRADE MARK THAT A DISCLAIMfR OR l\1EMORANDtJM RELATING' THERETO MAY DE REGIS fERED
Request is hereby made by (a)
•• I •••••• ~ '••••••••••••••• I ••••
.............................. of
for the addition to the entry in the Register in connexion with Trade
Mark No. . in 'Class of the following .
........................................ f··.········· .
Dated this day of J9 .
fb) .
To: The Registrar of Trade Marks.
P.O. Box 30031.
Nairobi.
Form Tivl 24
ApPLJC"TJO~ BY REGISTeRED PROPRIETOR UNDER Sr:CTIO~ 38 FOR :\~ ADDITION TO OR AL"EI{;\TIO~ OF .J.,. REGISTERED TR.J.,.OE MARK
(Rules 89 to Y2)
iN THE M.~TTFR OF the Trade Mark No .
in Class .
Application is hereby made by (a) ...............•..........
.............................. of. . .
. , being the Registered Proprietor[s] of the registered Trade Mark numbered as above, that the Registrar shall add to' it or alter it in the following particulars. that is to S:lY (b) ..
Four copies of the mark as it will appear when so altered arc filed herewith.
Dated this day at 19.
(c) .....................................•.
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
FEE
15t Sch.. items
12. J ~(/
FEE
Form TM: 25
Sh.60
ApPLlCATIO~-J 10 THE REGIS I RAJ{ FOR THE RECTIFIC""lION OF llIE
REGISTER OR THE REMOVAL OF " TRADE l\1ARK FROM TilE
REGIS1ER
(To be accompunicd hy a copy and a St atcmcnt 0/ Case in duplicate)
IN THE M..\"J1 ER OF the Trade ~1 arkNo . registered in the name of . in Class '.' .
I [We] (a) (a) Here state full name and address.
'hereby apply that the entry in the Register in respect of the above-
mentioned Trade ~t ark may be removed (b) rectified in the following (b) Strike out the word(s) not npplicable.
manner : :.
The grounds of my [our] application are as follows: .
........\ ;'" .
No action concerning the Trade ,\1 ark in question is pending in the Court. Address for service in Kenya in these proceedings ................... "" "" "" .. "."" .. ".".""" ".
"
Dated this day of 19 .
(c) ......................•.•............... (c) Signature
To; The Registrar of-Trade Marks.
P.O. Box 30031,
Nairobi.
FEE
Form TM 26
Sh.40
APPLJC.~TlON TO THE REGISTRAR FOR LEA vs TO INTERVENE IN
PROCEEDINGS RELATING TO THE RECTIFICATION OF THE
REGISTER OR THE REMOVAL OF A TRADE MARK
FROM THE REGISTER
IN THE MATTER OF Trade Mark No .
registered in the name of " .
in Class .
I [We] (a) ...•••...•.......•.•..•••..............•..•.....
hereby apply for leave to intervene in tbe proceedings relating to the
rectification or removal of the entry in the Register in respect of the
above-mentioned Trade Mark.
My [our] interest in the Trade Mark is .
Address for service in Kenya in these proceedings: .
...............................................................
.......................................... .....................
Dated this day of , 19 .
(b) .
To: The Registrar of Trad~ Marks.
P.O. Box 3003 J•
Nairobi.
FEE
Sh.30
Form TM
(Request J only) Sh.40 (Both Requests) I
I-REQUEST FOR SEARCH UNDER RULE 114
The Registrar is hereby requested under rule 114 to search in Class (a) in respect of (b) .. ......................... to ascertain whether any Trade Marks are on record which resemble the Trade Mark sent herewith in duplicate (each representation being mounted on a half-sheet of foolscap).
Dated | this | day | of | , | 19 | . | |
---|---|---|---|---|---|---|---|
(c) | . | ||||||
(d) | . |
II-REQUEST FOR REGISTRAR'S PRELIMIN.4.RY ADVICE AS TO
DISTINCTIVENESS OR CAPABJLlTY OF DISTINGUISHING.
BY A PERSON PROPOSING TO ApPLY FOR THE
REGISTRATION OF A TRADE MARK
(Section 43 and Rule 20)
I [We] (e)
hereby request the Registrar to advise me [us] whether the Trade Mark referred to above appears to him prima facie to 'be inherently adapted to distinguish or inherently capable of distinguishing my [our] goods above mentioned. so as to comply with the requirements of section 12 or section 13 respectively of the Act for registrability in Part A orPart B of the Register.
Dated this day of 19 .
(f) .
To: The Registrar of Trade Marks,
P.O. Box 30031. Nairobi.
:\Tore.-Request I must be completed in all cases.
(a) The Registrar's direction should be obtained if the cla ss is not known.
(lJ) Here specify the goods (in the class stated) in respect of which the search is to be made.
Form Tty} 28
LSh.20
Ca) Here stale name and address in full.
l/J) To he sent in duplicate.
(c) Here specify the goods. Onlv goods ineluded in one and the same class should be specified. A separate form of request is required for each class.
td) Here insert the number of the class (if known). In the case of doubt I he ~ Registrar's direction may be ohtained.
(e) Signature.
REQUEST fOR REGISTRAR'S PREUMINARY ADVICE AS TO DISTINCTIVE·
NESS OR CAPABILITY OF DISTINGUISHING, BY A PERSON PROPOSING
TO ApPLY FOR THE REGISTRATION OF A TRADE MARK
(Section 43 and Rule 20)
I [\Ve] (a)
hereby request the Registrar to advise me [us] whether the Trade Mark shown on the accompanying foolscap sheet (b) appears to him prima fade to be inherently adapted to distinguish or inherently capable of distinguishing my [our] goods so as to spmply with the requirements of section 12 or section 13 respectively of the Act for registrability in Part A or Part B of the Register.
The goods in respect of which J [we] propose to apply for regis [ration of the said Trade Mark are (c) .
in Class (d) .
Dated this day of '., 19 .
(e) •...•..........................
To: The Registrar of Trade Marks,
P.O. Box 30031,
Note.-If and when an application is made to register the trade mark, objection may arise if identical or resembling trade marks are found on the Register. A prior notification of any such relevant marks (if any are to be found) can be obtained by a request to the Registrar made on form TM 27 (Free She 30).
Form Tfvf 29
1st Sch., item
Sa
ApPLICATION FOR THE ApPROVAL BY THE REGISTRAR UNDER PARAGRAPH 1 OF THE THIRD SCHEDULE TO THE ORDINANCE AND RULE 79 OF AN ASSIGNMENT OR TRANSMISSION OF A REGISl ERED TRADE MARK. BEFORE THE ApPOINTED DAY, RESuLTING IN EXCLUSIVE RIGHTS IN DIFFEREt-:T PERSONS FOR DIFFERENT PARTS OF KENYA
(To be accompanied by a Statement of Case in duplicate and a Copy of the Instrument effecting the Assignment or Transmission)
IN THE MATTER OF Trade Mark[s] No.[s] .
registered in the nam~ of "..
in Class 0•• 0••• 0 • 0 • 0 • 0•••• 0•••••• ~ • 0 0 0 •000• 0 0 0•••0 • 0 0••••0••••
Application is hereby made by (a)
0 ••••••••••••••••
of 0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 0
who claims that the above-numbered registered Trade Mark[s] was
[were] on the (h) day of ,19.
(c) assigned [transmitted] to him [to (d) . 0 •••••••••••••••••••••• 0 •
of 0 ••••••••••• 0 •••••••••••••••••••••••••••••••••••••••••••••• 0'
who was his predecessor in title,] in respect of the following goods,
namely
o ••• 0 •••••••••••••••••• 00 •••• 0 ••••••••• 0 •••••••••
by or from (e)
0 •••••••••••••• 0 ••••••••••••••••••• 0
of . who was the registered proprietor of the said Trade M ark, in circumstances that arc stated fully in the accompanying Statement of Case, for the approval by the Registrar of the aforesaid (c) assignment
[transmission].
Dated this o. 0 ••••••••••• 0 0 day of ... 0 •••••••••••• , 19. 0 • 0
(f) ..•.......................••..•....
0 0•• 0
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
ta) Insert here the name and trade or business address of the transferee who claims.
FEE Form T~1 30
1st Sch., items
23, 23a
•...•• These words may .be varied to suit other cases.
REQUEST FOR GENERAL CERTIFICATE OF THE REGISTRAR (INCLUDING
CERTIFICATE OF REGISTRATION OF A TRADE MARK)
(Rule 109)
IN THE MATTER OF *the Trade Mark No.
registered i.n
Class .
I [We] pi .
hereby request the Registrar to furnish me [us] with (b) his Certificate
that (a) ..' .
.............................................................. .
(b) a Certificate. of Registration of the Trade Mark (b) for use in obtaining registration abroad.
0
Dated this day of 19 .
(c) ...•...••...............•....•........•.
(d) •.
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
Rule11l. (1) Where a certificate of registration ofa trade .nark is issued for use in obtaining registration abroad. the Registrar shall include in. the certificate a copy of the mark. an? 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".
FEE
Form TM 31
Sh.60
ApPLICATION | UNDER SECTION 30 AND | RULE 36 FOR REGISTRATIO~ OF | AN | • Write | distinct | ||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
INVENTED WORD (OR WORDS) IN PART* OF THE REGISTER | ly | here | uAt> | or | |||||||||||||||
AS A D~FENSIVE TRADE MARK | "8" | according | |||||||||||||||||
to | the | registra | |||||||||||||||||
tion | desired. | ||||||||||||||||||
One | represent | ||||||||||||||||||
ation | to | be fixed | |||||||||||||||||
within | this | ||||||||||||||||||
space. | and | four | |||||||||||||||||
others | to | be | |||||||||||||||||
sent | on | separate | |||||||||||||||||
forms | TM3. |
Application is hereby made fpr Registration in· Part" of the
" ......-..-.-..." " ." ""
-Register of | the | above | word[s] | as | a | Defensive Trade | Mark | in | Class | ||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
· | -. . . . . . .. | in | respect of (a) | _ | ~ .•.•..........•••.• | ||||||||
· |
" """ " " " """"""""""""""""""""""""""" """""""""" " "" """
·..--..... ".
in the name of (b) _.
of (c) ..................•...............".......•..........••.•.
; "" """"""""""""""."" " """" """"" "" " " .. " " """"" """""""" """""""""."""
trading as (d) . who is [are] the proprietor[s] of the same Trade Mark registered in Class (e) ...........•..........•................................
"""" " """.""""" "" ".. "" .. " " " "" "" "" " "" "" " " " """ " """" """"" " " " """" """"
in respect 'of under No. . .
According to my [our] information and belief 'the word[s] is [are] invented.
The particulars of the facts on which I [we] rely in support of this application are set forth in the accompanying Statement of Case (f).
Dated this day of , 19 .
(g) ....••..•.•...••.....••.••.•....•..•••••
To: The Registrar. of Trade Marks,
P.O. Box 30031, Nairobi.
re) Here insert particulars of the applicant's registration of the trade mark.
(f) To be furnisbed in duplicate.
(g) Signatme.
back | of | the |
form. | ||
(c) State | here |
the precise entry or changed entry desired.
(tl) Signature.
------._-···FEE------·
1 .If left after registration, 15t Schedule,
Form T!vi 32
iterns 24, 24a
If left at the time of
registration, no fee·
FORM OF REQUEsr '10 THE REG!STRAR BY A REGIS"!'ERED PROPRIETOR
OR A REGISTERED USER OF A TRADE MARK, OR .... PERSON ABOUT TO
BE SO REGISTERED, TO ENTER, ALTER OR SUBSTITUTE AN ADDRESS
FOR SERVICE AS PART OF HIS REGISTRATION
(Rules ]3, 81) Request is made by (a) .
........................................, .
who is about to be registered as [or who is the Registered] Proprietor [User] of Trade Mark[s] No.[s] (bO) [registered] in Class for the inclusion [or addition, or alteration, or substitution] of an address for service in Kenya in or to the entry thereof so that the address for service may read (c) .
........................................, .
Dated this day of , 19 .
(d) '...•.•.
To: The Registrar of Trade Marks,
P.O. Box 30031!
Nairobi.
Notes>-..( I) A Registered Proprietor or Registered User whose address for service in Kenya has been altered by .a public authority, so that the changed address designates the same premises as before, may make also the statement for which there is provision on the back of this form in order to avoid payment of the fee.
*No fee will be payable on a request in form TM 32 to enter an initial address for service as part of a registration if it accompanies one of the forms TM 9, ]4, 15 or 48.
[P.T.O.
[Back]
(For use only in case of an address for service changed by a public authority, without change of premises)
The change of address for the entry of which application is made on the other side of this form, was ordered by (a) .................• ........ " """ " "". on the dayof ' ,19 . Dated this day of , 19 .
(b) .
Note.-If the above statement be made, and a certificate of the alteration given by the named authority be supplied, the Registrar if satisfied as to the facts of the case, will not require a fee to be paid, (See rule 81.)
Form TM 33 RFGL'LATIO:'-JS fOR GOV[H.~I>;(j °1 HE USE Of CERTifICATION TR\Ol: I\YAHK
(Section 40 and First Schedule-Rule 39)
Regulations for governing the use of Certification Trade Mark No. in Class . in respect of (a) ...................................•......•.••
•..•••..•••••••..••••• ••••...'•..••••••..••••• ~.. • •..• .............. •..•..•..II ..• ..
(For Official Usc) Advertized in the Gazette Vol. at page . on the dayof ,19 .
Date of Application and Registration . ................. .:... )9 .... To: The Registrar of Trade Marks,
P.O. Box 30031 ~
Nairobi.
FEE
Form TM 34
1st Sch., item
19a
REQUEST FOR THE CONSENT OF THE REGISTRAR TO ALTERATION OF THE DEPOSITED REGULATIONS FOR USE OF A CERTIFICATION TRADE MARK
(Section 40 and First Schedule-Rule 94)
Application is hereby made by (a) . ..........................................................................................................................
who is [are] the Proprietor[s] of the Certification Trade Mark[s] No.[s]
(b) . registered in Class (c) in respect of Cd) .
that the deposited Regulations for governing the use of the Mark may be altered in the manner shown in red in the accompanying copies (e) of the Regulations as proposed to be altered, and for the consent of the Registrar to such alteration.
Dated this day of , 19 .
To: The Registrar of Trade Marks.
P.O. Box 30031,
Nairobi.
bers | of | all | the | |
---|---|---|---|---|
registration. | ||||
(c) Add | j | - |
tional numbers and specifications may be given in a signed schedule on the back of the form.
(/) Signature.
FEE
Form TM 35
Sb.60
ApPllCATIO~ TO THE COURT FOR AN ORDER EXPUi\;~ING OR VARYING
AN ENTRY IN THE REGISTER RELATING 10 A CERTIFICATION
TRADE MARK OR VARYII'G THE Dazosn ED REGULATIONS
(Section 40 and First Schedule-Rule 93)
(To be accompanied by a copy and a Statement of Case ill duplicate)
IN THE MAlTER OF Certification Trade Mark No .
registered in the name of .
in Class ..........................•.
I [We] (a) ............•...................................
being [an] aggrieved person[s] hereby apply for an order of the court
that:
1. (b) The Entry in the Register in respect of the above-mentioned
Trade Mark may be (c) expunged [or varied in the following manner
·)
2. (b) The deposited Regulations governing the use of the above
mentioned Trade Mark may be varied in the following manner ....
·.
~
The grounds of my [our] application are as follows: .
Address for service in Kenya in these proceedings: .
·.
Dated this day of ,. 19 .
(d) .
To: The Registrar, The High Court, Nairobi.
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
[Subs~diary ]
Form T~l 36
FEE
She 50
NOTICE TO ,THE REGISTRAR UNDER PARAGRAPH 2 (I) OF THE FIRST
SCHEDULE TO THE ACT AND RULE 58 OF OPPOSITION TO AN
ApPLICATION FOR REGISTRATION OF A CERTIFICATI,ON TRADE
MARK
(To be filed ill triplicate)
by of | IN THE MATTER OF an Application No . . . | ||
---|---|---|---|
I | [We] (a) | ...........•..•........•........................ |
.................................. hereby give notice of my [our] intention to oppose the Registration of the Certification Trade Mark advertised under the above number for Class in the Gazette of the day of .., , 19 . Vol. , page .
The grounds of opposition are as follows:
(b)
Address for service in Kenya in these proceedings:
Dated this day of , 19 .
(c) ..••..•...•......••.•..•................
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
(Subsidiary)
FEE
Form TM 37
Sh. 30
FORM OF COUNTER-STATEMENT IN REPLY TO NOTICE TO l"HE REGISTRAR
UNDER PARAGRAPH 2 (1) OF THE FIRST SCHEDULE TO THE ACT
AND RULE 58 OF OPPOSITION TO AN ApPLlCAnON FOR
REGISTRATION OF A CERTIFICATION TRADE MARK
(Tv b~ /ilt,J in triplicate)
l~ THE MATrER Or-an Opposition No to Application for registration of a Certification Trade Mark No.
I [We] ... 0
000.00•0.0'0•••000000000000000• 0000000000.000• 00
the applicant[s] for Registration of the above-numbered Certification Trade Mark hereby give notice that the following are the grounds on which I [we] rely as supporting my [our] application:
I [We] admit the following allegations in the notice of Opposition:
Address for service in Kenya in these proceedings:
Dated this day of . 0 19... 0
0 0 • 0000 0 0 00000'
(a) Signalure. (a)
0.0.0.0. 0 0 0 0 000.00000000000 0 • 0 0 0 0 0 0 00000
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
FEE
Form TM 38
Sh.50
HEARING BY THE REGISTRAR OF AN OPPOSITION UNDER PARAGRAPH 2 (2)
OF THE FIRST SCHEDULE TO THE ACT AND RULE 58TO AN
ApPLICATION FOR REGISTRATION OF A CERTIFICATIO~ TRADE
MARK
NOTICE OF ATTENDANCE AT HEARING
[We] (a) ..... _. . . . . . . . . . . . . . . . •. •. . . . . . ••. . . . . . . . . . . . . ••
of ,.0 ••••••••••••••••••••••••••••••••••••••
hereby give notice that the Hearing by the Registrar of the arguments in the case of Opposition No to Application No . for the registration of a Certification Trade Mark, which by the Registrar's Notice to me [us] dated the day of , 19 , is fixed for a.m. or p.m. at jfie Registrar's Office on the day of , 19....• will be attended by me [us] or by some person on my [our] behalf.
Dated this day of , 19 .
••••••••••••••••• •••••••e••••••••••••••••
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
FEE Form TM 39
1st Sch., item 8
ApPLICATION FOR THE CERTIFICATE OF THE REGISTRAR UNDER SECTION 25 (5) AND RULE 79 WITH REFERENCE TO A PROPOSED ASSIGNMENT OF A REGISTERED TRADE MARK .
(To be accompanied by a Statement of Case in duplicate and a copy of the proposed assignment)
IN THE MATTER OF Trade Marks[s] No.[s] ..........•....•.....
·..........•...... .. registered in the name of :••. _~
· ,.
in -Classjes]
o •••••
· --'" .
Application is hereby made by (a) ......................••••••
of.. 0
••••••••••••• 0 ••••••••••••••••• 0 0 • 0 0 ••••••• 0 0 •
being the Registered Proprietor[s] of the above-numbered registered Trade Mark[s], for the Registrar's Certificate under section 25 (5) with reference to a proposed assignment of the registered Trade Ms'rkjs]
No.[s] to (b)
0 ••••••••••••
of 0 •••••••••••••••••••• 0 •• 0 • 0 ••• 0 0 0 •••••••• 0 0 •
in circumstances that are stated fully in the accompanying Statement of Case.
Dated this day of 19•...
00 ••••••••• 00. 0 OJ
(c) .
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
FEE
Form TM 40
1st Scb., item 8a
ApPLICATION FOR THE ApPROVAL BY THE REGISTRAR UNDER SECTION 25
(6) AND RULE 79. OF A PROPOSED ASSIGNMENT, OR OF A TRANSMISSION. (oN OR AFTER THE APPOINTED ·DAY), OF A TRADE MARK RESULTING IN -EXCLUSIVE RIGHTS IN DIFFERENT PERSONS FOR DIFFERENT PARTS OF KENYA
(To be accompanied by a Statement of Case in duplicate and a Copy of the Instrument proposed for the Assignment or effecting the . Transmission)
IN THE MATTER OF [a] Trade Mark[s]
• Registered underr No.js] .
in Class[es]
the property of _ ~ .
Application is hereby made by:
t (1) (a) ................................•.•.•...........••
of ..................................................•...... '.
the Proprietor of the Trade Mark[s] shown in the accompanying
Statement of Case (b) [registered in his name] [and used by him] irrespect of the following goods .
for approval by the Registrar of a proposed assignment of the Trade
Mark[s] to (c) ..............•.•....•..•.•.•..••.•••.•.••••••••••
·. of ~ .
in res pert of the following goods
to be sold or otherwise traded in in (d)
· [and to (c)
• ••••••••••••••••••••••••••••••••••••••• , •• c. ••••••••••• -I •••••••
of ..,~ . in respect of the following goods ...•......-.....•••........•.....
-To be struck out in the case of unregistered trade marks.
tStrike out either paragraph
[Subsidiary]
to be sold or otherwise traded in in (d) .......................••".]
,. in circumstances that are stated fully in the accompanying Statement of Case.
(Ii) Insert here the name and trade or business address of the predecessor in title, if any.
(n Insert here the name and address of the person who transmitted.
(1') Signature.
t (2) (e) ....... eo'" '0 ..
of" .
.. ''0 '.
who claims that the Trade Mark[s] shown in the accompanying Statement of Case was [were). in respect of the following goods. namely:
................................................................ , ..
and on the (f) ..... , .... , ..... day of ., ..............• J9." .• transmitted to (g) him for to (h) . of..,,, ,, . (who was his predecessor in title)] by or from (i) : ,.
.of ,.,.., . by whom the Trade Mark was then used in respect of the following goods, namely , " . all in circumstances that arc stated fully in the accompanying State
ment of Case. for approval by the Registrar of the aforesaid transmission.
Dated this -,....... .. day of ..•...•......,.., 19 .
(11 ••••••••••••••• , ••••••••••••••••••••••••
To: The Registrar of Trade Marks.
P.O. Box 30031,
Nairobi.
FEE
Form TM41 l. 1st Sch., J item 8b _
ApPLlc:\TrO'J TO THE REGISTR:\R UNDER SECTION 25 (7) AND RULE 80
FOR DIRECTIO:--':S FOR THE ADVERTISEMENT OF AN ASSIGNMENT
OF TR.\OE !\1 ARKS OTHER\\iISI3 THAN IN CONNEXION WITH THE
GOODWILL Or THE BUSINESS
(To he accom ponicd by a duplicate)
Application is hereby made by (a) ..........•...............
.............................................................. , '0 .
of . for the Registrar's Directions with respect to the advertisement of an assignment to him [them] of the following Trade Marks otherwise than' inconncxion with the goodwill of the business in which they were used at the time of assignment, namely-··
all of which are ,?r were registered 10 the name of (c) .
•• 0 • 0•••• 0••••••••••• 0 • 0••• 0••
of .
o • 0 0 ••• 0 •••••••••••••• ; • 0 ••• ,
who is the assignor.
(2) Unregistered Trade Marks (d), all being Marks used in his business at the time of the assignment in respect of the goods stated
below by (c) .. 0
0 •••• 0 •••••••••••••••••••••••••••••••••••••••••
of ~ , who is the assignor: Representation of Mark Goods in respect 'of which the Mark
(b) has been used and is assigned
•••• 0 •••••••••••••• 0
The date of assignment was the . 0 day of
......................, 19..•.
The instrument effecting the assignment is sent herewith, together with a copy thereof.
It is suggested that advertisement shall be directed as follows,
namely, in
o' •••••••••••••••••••••••••••••••••••••
Dated this 'day of , 19 .
(e) ...•..........................•••.••..•.
To: The Registrar of Trade Marks, PoO Box 30031, Nairobi.
schedule on | the | |
---|---|---|
back | of | tho |
form. |
(d) Only those unregistered trade marks
passing by tbe one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered
may be stated here.
(e) Signature.
FEE
Form TM 42 1st Sch., item 8e
ApPLICATION FOR EXTENSION OF TIME !N WHICH TO ApPLY FOR THE REGISTRAR'S DIRECTIONS FOR THE ADVERTISEMENT OF AN ASSIGNMENT OF TRADE MARKS OTHERWISE THAN IN CONNEXION WITH THE GOODWILL OF THE BUSINESS
(Section 25 (7) and Rule BOt
(a) Here insert Application is hereby made by (a) •...•..••.••••.••.•••••••• the names and trade or business addresses of the assignee (appliof " .. ", ", .. , .
cant),
(h) Here insert for extension of time of (b) ,.;.,.,., ••• month[s] in which to apply "one" or "two"
for the Registrar's Directions for the advertisement of an assignment
or "three", to him [them] of the following Trade Marks otherwise than in con
nexion with tbe goodwill of tbe business in which they were used at
the time of assignment, namely
all of. which are or were registered in the name of (d) , ,.
bers may be given in a signed
, ,., , " , ,," of ..", ".., ,.-, .
sched ule on the back of tho
.. , , , who is the assignor.
form.
. ,
the name and
trade or business ness at the time of assignment and in respect of the goods stated below
address of the
proprietor (asby (d) ,.., , ,., of-,..,..,., ,, .
signor).
.,. ,. .
'
who is the assignor:
Representation of Mark Goods in respect of which the Mark
(c) bas been used and is assigned
The date of assignment was the , "., day of
19....
Dated this ..... " ... "., .. day of .,' .. , .... , .... ,." 19.. ,.
(e) Signature. (e) ••... , .•. , ..•..• , , .. , ,.,.. ,
To: The Registrar of Trade Marks,
P,O. Box 30031,
Nairobi.
FEE
Form TM 43
Sh. 10
ApPLICATION TO THE REGISTRAR UNDER RULE 6 BY THE PROPRIETOR OF
A REGISTERED TRADE MARK FOR THE CONVERSION OF THE
SPECIFICATION FROM SECOND SCHEDULE TO THIRD
SCHEDULE
IN THE MAlTER OF the Trade Mark No registered in the name of .....................•..........•.....................
in Class of the Second Schedule.
Application is hereby made by (a) '.' .............•..•.
................................................................................................................... e ••
the Registered Proprietor of the above-mentioned Trade Mark, for the conversion of the specification of the above-mentioned registration (b) [and tfc spcclficatlonisi of the Registered Vser[s] thereunder] from the Second Schedule to the Third Schedule of the Trade Marks Rules.
The specification[s] entered in the Register in accordance with the Second Schedule is [are] .
Application is made th.at the Registrar should propose tbe
following specification[s] in accordance with the Third Schedule, upon conversion:
Class .......................' ..
Class
Dated this . . day of ,19 .
(c) .
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
Ca) Here insert the name and trade or business address of the registered proprietor (applicant).
«(I) The numbers of more than one-Trade Mark dealt with by the same proposal may be given, provided the specifications are the same.
(b) Here | state | |
---|---|---|
futI | name | and |
address. |
FEE
Form TM 44 1st Sch., item 20a
NOTICE OF OPPOSITJO~ TO PROPOSAL FOR CO~VERSION OF
SPECIfICATION
(Section 39 and Rule 7)
(To be accompanied by a duplicate and a statement, ill duplicate.
showing how the proposed conversion would be contrary to
section 39 (2»
IN THE MATTER OF (a) Trade Mark[s] No.[s] registered
in | the | name | of | . | |||||
---|---|---|---|---|---|---|---|---|---|
In | Class | of | the' Second Schedule | to | the | Rules. | |||
I | [We] (b) |
........................................................ hereby give notice of my [our] intention to oppose the proposal for the conversion of the specification[s] of the Trade Mark[s] advertised in the Gazette of the day of , 19 , Vol. , page .
The grounds of opposition arc 3-io follows:
My [our] address Ior service in Kenya in these proceedings is:
Dated this day of , 19 .
(c) Signature. (c) ,. .......•....••.•...... To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
Form TM 45 FEE
[
Sh.50
------,
NOTICE OF OPPOSITIO:-.J TO ApPLICAllON UNDER SECTION 38 FOR ADDITION TO OR At,TER"'T10~ OF, A REGISTERED TRADE MARK I. (Rule 90) (To be accompanied by a duplicate) | |||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
IN THE M..o\n'ER or the Trade Mark No | registered in the | ||||||||||||||||||||||||
name | of | ' | . | ||||||||||||||||||||||
in Class | . | ||||||||||||||||||||||||
[ [We] | (a) | ..........................................•...•. | (a) Here full name address. | slate and | |||||||||||||||||||||
hereby give notice of my [our] kItention to oppose the addition to | or | ||||||||||||||||||||||||
alteration | of | the Trade | Mark | numbered | and | registered | as | above | so | ||||||||||||||||
that it shall be in the form shown in the application advertised in the | |||||||||||||||||||||||||
Gazette | of | the | day | of | , | 19....• | |||||||||||||||||||
Vol.............• page | . | ||||||||||||||||||||||||
The grounds of opposition are as follows: |
Address for service in Kenya in these procecdings :
Dated this day of .. ,' ~ ......• 19 .
fa: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
(Subsidiary]
FEE
Form TM 46
She 20 | ||||||||
---|---|---|---|---|---|---|---|---|
NOTICE | OF | ORDER | OF COURT FOR ALTERATION OR RECTIFICATION REGISTER OF TRADE MARKS (Rule 119) | OF | ||||
IN THE MATTER | OF the Trade Mark No | ~ | . | |||||
registered in Class | in the | name | of | . |
• •• •••••••••• •• ••••••••••••••••••••• I ••••••••••••••••••••••••••
Notice is hereby given to the Registrar that, by an Order of the Court made on the day of , 19 , it was directed that ..........................•...•...••..••••••
An office copy of the Order of the Court is enclosed herewith.
Dated this day of , 19.•..
(a) , ...........................•..•.. To: The Registrar of Trade Marks,
P.O. Box 30031, Nairobi.
FEE Form TM 47
1st Sch., item 7
REQUEST TO THE REGISTRAR FOR ENTRY ON THE REGISTER AND
ADVERTISEMENT OF A NOTE OF A CERTIFICATE OF VALlDITY
BY THE COURT UNDER SECTIO:J 47
(Rule 88)
TN THE MATTER OF Trade Mark[s] No.[s] . registered in Class in the name of .
I [We] (a) .....................................•.•..•.••••
• ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• e e
hereby request tbe Registrar to add to the above-numbered entry [entries] of a Trade Mark in the Register. and to advertise in the Gazette a note that in (b) ..............•........•.....•.•.•..••
e ••••••• __ ••••••••••••••••••••••••••••••••••••• e-e •••••••••••••••
the Court certified that the v, lidity of the said registration[s] came into l;u.:stion and was decided in favour of the proprietor of the Trade Mark in the terms of the accompanying office copy of the certificate of validity.
Dated this day of , 19 .
(c) ............•.......•.........•...•••••.
To: The Registrar of Trade Marks,
P.O. Box 3003 I, Nairobi.
(Subsidiary]
FEE
Form TM 48
1st Sch., items 6, 6a
ApPLICATION FOR REGISTRATION OF REGISTERED USER
(To be accompanied by a Statement of Case giving particulars and stating as required by section 31 (4), verified by a Statutory Declaration made by the Proprietor, or by some person authorized to act on his behalf and approved by the Registrar)
Application is hereby made by (a) .
• .................. •••••••••••••• •ill••• • 0 •••••••••••••••••••••••••
,0••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
who is [are] the registered proprietor[s] of Trade Mark[s] No.[s]
· •. . •. ••. . •. .. (b) registered in Class in respect of
(c) ..........•............. that (d) .
·.
of (e) ....•.•.••..........•.......•.....................•.....
·..................... .. trading as (f) .
·,
who hereby joins in the application, may be registered as a registered
user of the above-numbered registered Trade Mark[s] in respect of (g)
subject to the following conditions or restrictions: (h) .
...............................................................
(I) The proposed permitted use is to end on the .............•
day of , 19 .
The proposed permitted use .is without limit of period.
01 .
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
Note.-A request for the entry of an address for service of the registered user may be made free in form TM 32, if it accompanies this form.
schedule on | the | |
---|---|---|
back | of | the |
form. |
U) Signature.
(Subsidiary]
(a) Here insert (he full name, description and trade or business address of the registered proprietor.
(h> Additional numbers may be given in a signed schedule on the hack of the form,
Form T~1 49 | FEE 1st Sch., items Sb, 6c | ||||||
---|---|---|---|---|---|---|---|
ApPLICATION | BY THE | REGISTERED | PROPRIE10R | OF | A TRADE | l\1ARK | FOR |
VARIATION OF THE REGISTRATIO~ OF A REGISTERED USER THEREOF WITH REGARD TO THE GOODS OR THE CONDITIONS OR RESTRICTIONS (Section 3 J (8) (a) and Rule "J7)
(To be accompanied by a Statement of the Grounds for the application and the written consent (if given) of the Registered Usrr)
Application is hereby made by (a) .,.,.", .. ,."., •....... ,',
the proprietor of Trade Mark[s] No.[s] (b) ............•.....•....• registered in Class in respect of (c) •.••. :.4 '.
.................................. ..... .............. .. "
.... .......................
that the registration of (d) .. , , , ...•..............
as a registered user of the above-numbered Trade Mark[s] in respect
of (e) ••....•.......••.... , .....•...•••••••••.•••••• ~ •••••..•.
may be varied in the following manner: (f) .. , .. , •...•.•.•.•.•.•.
0:1 'cd this day of ................• 19..•.
(g) .... , .....•.•.•..•...••...•••••••••..•••
To: The Registrar of Trade Marks.
P.O. Box 30031,
Nairobi.
FEE
Form TM 50
Jst Sch., items Sd, 6e
ApPLICATIO:,-/ BY THE REGISTERED PROPRIETOR OF A TRADE MARK OR
BY A~Y OF THE REGISTERED USERS OF THE TRADE MARK FOR THE
CANCELLATION OF ENTRY OF A ~GISTERED USER THEREOF
(Section 31 (8) (b) and Rule 98)
(To be accompanied by a Statement of the Grounds for the application)
Application is, hereby made by (a) .
...............................................................
being (b) the Registered Proprietor [a Registered User] of Trade Mark[s] No.[s] (c) registered in Class . in respect of (el) ...............................................•
............-' .
for the cancellation of the entry under the above-mentioned registration[s] of (e) ...........•..............•........•..........•...
as a registered user of the Trade Mark[s] in respect of (f) .
Dated this day of , 19 .
(g) .
........................................
To: The Registrar of Trade Marks,
P.O. Box 30031,
Nairobi.
the | name | and | |
---|---|---|---|
address | of | the | |
applicant | for |
cancellation.
FEE
Form TM 51
1st Sch., items 6/, 6g
ApPLICATION FOR CANCELLATION OF ENTRY OF A REGISTERED USER OF
A T~ADE MARK
(Section 31 (8) (c) and Rule 99)
(To be accompanied by a Statement 0/ the Grounds for the application)
IN THE MATTER OF Trade Mark[s] No.[s] (a) registered in Class in the name of (b) •............. ·" --.
Application is hereby made by (c) ......•.....•.••. . •••••..
• ••••••••••••••••••••••••••• ·0" •••••••••••••••••••••••• • • • ••••• ,
whose address for service in Kenya in these proceedings is .
·,
~
for the cancellation of the entry under the above-mentioned registra
tionjs] of (d) ................................•••.•.•.••.••••.••
·
. | ||||
---|---|---|---|---|
as | the registered | user | thereof in respect of (e) •.....•.•.•••••..... | |
· | " | . |
• ••••• It •••••••••••••••••••••••••••••••• '" •••••••••••••••••••••
The grounds of this application, particulars of which are given in detail in the accompanying statement of case, are (f) . ·.
'"
• ••••••••••••••••••••••••••••••••••••• • •••••••••••••••••••• e-_ ••
Dated this day of .........•..•..., 19 .
(g) ••••.••...••......••..•..••.••••....•...
To: The Registrar of Trade Marks,
P.O. Box 30031, Nairobi.
Form TM'S2
NOTICE TO THE REGISTRAR UNDER SECTION 31 '(9) AND RULE 100 OF INTENTION TO INTERVENE IN PROCFEDINGS FOR THE VARIATION OR CANCELLATION OF AN ENTRY OF A REGISTERED ,USER OF A TRADE
MARK (To be accompanied by a Statement of the Grounds for InteIN THE MATTER OF a Trade Mark No registered in Class in the name of (a) | rvention) . . | |||
---|---|---|---|---|
IN TIlE | MATTER OF | a | and registration of (b) | |
thereunder as a Registered User of the Mark. | ||||
In reply to the Registrar's Notification, dated the |
dayof , 19..•. , notice is hereby given of my intention to intervene in the proceedings in the above matter.
My address for service in Kenya for the purpose of these proceedings is : ................................................................ .......................................... .....................
Dated this day of •.•.....•..•..•. , 19....
(e) •.••..••..•.•••..••.••••••........•....•
To: The Registrar of Trade Marks,
P.O. Box 30031, Nairobi.
(c) SIanatW'CI.
o'(4)
LoN. 3'1/1967J Application of section '5 to Foreign States under sUbsection of LJN. '34/1975.
that section
Algeria Argentina Australia Austria Belgium Brazil Bulgaria Cameroon Canada Central African Republic Chad Congo (Brazzaville) Cuba Cyprus Czechoslovakia Dahomey Denmark Dominican Republic Egypt Finland France Gabon Germany (Democratic
Republic of) Germany (Federal Republic of) Greece Haiti Holy See Hungary Iceland Indonesia Iran Ireland Israel Italy Ivory Coast Japan Jordan Laos Lebanon Liechtenstein Luxembourg
Madagascar Malawi Malta Mauritania Mexico Monaco Morocco Netherlands New Zealand Niger Nigeria Norway Philippines Poland Portugal Rumania San Marino Senegal South Africa Spain Sri Lanka Sweden Switzerland Syria Tanzania Togo Trinidad and Tobago
Tunisia Turkey Uganda Union of Soviet Socialist
Republics
United Kingdom of Great Britain and Northern Ireland
United 'States of America Upper Volta Uruguay Vietnam Yugoslavia Zaire Zambia.