[Subsidiary']

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..

(2)

The entry of a trade mark in a register shalf give the date of registration, the goods in respect of which-It is registered together with the particulars of the trade, business, profession, occupation or other description of the proprietor, particulars of any undertakings of the proprietor entered on the form of application, particulars affecting the scope of the registration or the rights conferred by the registration, and such other particulars as are prescribed.

(3)

In the case of an application which the Registrar accepts only after the applicant has lodged tbewritten consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration, the entry in the register shall state' that it is "By Consent" and shall give the number of the previous registration or the application for registration.

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.

1. In case of· the death of any applicant for the registration of a trade mark after the date of his application and before the trade mark applied for has been entered in the register, the Registrar, after the expiration of the prescribed period of advertisement and the determination of any opposition to the application, may, on being satisfied of the applicant's death, enter in the register, in place of the name of the deceased applicant, the name, address and description of the person owning the trade mark, on ownership being proved to the satisfaction of the Registrar.
2. Upon the registration of a trade .mark the Registrar shall issue to the applicant a certificate in form TM lOA, and shall affix thereto a copy of the mark, which may be a representation thereof supplied by ·the applicant under rule 23.

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.

(2)

Before taking any further step, the Registrar may either:---

(a)

require the' person leaving the fee to furnish within ten days an authority to pay the fee signed by the registered proprietor, and if he does not furnish that authority may return the fee and treat it as not received; or

(b)

communicate with the registered proprietor stating tbat the 'fee has been received and that the registration will in due course be renewed,

1. At a date not less than one month and not more than two months before the expiration of the last registration of a mark, if no fee i~ form TM 10 has been received, the Registrar shall notify the. registered proprietor in writing of the approaching expiration,
2. At a time not less than fourteen days and not -rnore than one month before the expiration of the last registration of a mark, the Registrar may, if no renewal fee has been received, send a notice in writing to the registered proprietor at his trade or business address as well as at his address for service, if any..
3. If at the date of the expiration of {he last registration of a mark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Gazette, and if within one month of that advertisement the renewal fee in form TM 10, together with an additional fee in Form TM II, is received, he may renew the registration without removing the mark from the register.
4. Where, at the expiration of one month from the advertisement under rule 67, the fees therein mentioned have not been paid, the Registrar may remove the mark from the register as of the date of the' expiration of the last registration, but may, upon payment of the renewal fee in form TM 10 together with a restoration fee in form TM 12, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.
5. Where a trade mark has been removed from the register, the Registrar shall cause to be entered in the register a record of the removal and of the cause thereof. .
6. Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Gazette.

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.

1. Where a person becomes-entitled to a registered trade mark In the manner referred to in rule 71, and no conjoint application as therein mentioned is made, he shall make application to the Registrar in form TM 15 ito register his title.
2. (1) An application under rule 71 or rule 72 shall contain the name, trade or business address and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims, and the instrument shall be produced for inspection by the Registrar, preferably at the time of application.

(2)

The full names of all the partners in a partnership shall be given in the body of the application.

(3)

The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but that copy shall not be open to public inspection.

1. Where in the case of an application in form T M 1.4 or form TM 15 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, be shall, unless the Registrar otherwise directs, either upon or with the application. state a case .setting forth the full particulars of the facts upon which his claim to be proprietor of the trade. mark is based, and showing that the trade mark bas been assigned or transmitted to ·him; and if .the Registrar so requires, the case shall be verified by a statutory declaration in form TM 16.
2. The Registrar may call on any person who applies to be registered as' proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction.
3. (l) An application under rule '71 or rule 72 relating to an assignment on or after the appointed day of a trade mark in respect of any goods shall state

(a)

whether the trade mark was, at the time of the assignment, used in a business in any' of those goods; and

(b)

whether the assignment was made otherwise than in connexion

with the goodwill of that business; and, if both those circumstances subsisted, the applicant shall leave with the Registrar a copy of the Registrar's directions to advertise the assignment, obtained upon application under subsection (7) of section 25 of the Act and rule 80 of these Rules, and such proof, including copies of advertisements or otherwise, as the. Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application. .

(2) For the purposes of 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.

1. When the Registrar is satisfied as to the title of the person claiming to be registered, he shall cause him to be registered as proprietor of the trade mark in respect of the relevant goods, and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission.
2. Where, pursuant to an application under rule 71 or rule 72, and as the result of a division and separation of the goods of a registration or a devision and separation of places or markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the .purposes of the Act.
3. (I) Any person who desires to obtain the Registrar's certificate under subsection (5), or his notification of approval under subsection (6), of section 25 of the Act shall send to the Registrar, with his application in form TM 39, 40 or 29, as the case may be, a statement of case in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission.

(2)

The Registrar may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances, and shall if required by verified by a statutory declaration.

(3)

The Registrar. after hearing if so required the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or 'disapproval thereof, as the case may be.

e4) Where a statement of case is amended, two fair copies thereof in its final form shall be left with the Registrar.

(5)

The Registrar shall seal a copy of the statement of case in its final form to the certificate or notification.

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.

(2)

The application shall give particulars of the registration in the case of a registered trade mark, and, in the case of an unregistered trade mark, shall show the mark and give particulars of the registered trade mark that has been assigned therewith in accordance with subsection (3) of section 25.

(3)

The Registrar may call for any evidence or further information, and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.

(4)

The Registrar may refuse to consider such an application in a case to which subsection (6) of section 25 applies unless his approval has been obtained under the said subsection and a reference identifying the Registrar's notification of approval is included in the application. \

(5)

A request to the Registrar for an extension of the period within which the application may be made, which shall be in form

{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.

(2)

A registered proprietor or registered user of a trade mark whose address for service in Kenya entered in the register is changed, whether by discontinuance of the entered address Or otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Registrar in form TM 32 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.

(3)

A registered proprietor or registered user of a trade mark whose registered trade or business address or address for service is altered by a public authority, so that the changed address designates the same premises as before, may make the request to the Registrar, but in that case no fee shall be payable, and if he does so he shall leave therewith a certificate of the alteration given by the authority; and if the Registrar is satisfied as to the facts of the case he shall alter the register accordingly.

(4)

In the case of the alteration of the address of a person entered in the register as the address for service of more than one registered proprietor or registered user of trade marks, the Registar may, on proof that the address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person in form TM 32 amended so as to suit the case for the appropriate alteration of the entries of his address as the address for service in the several registrations, particulars of which shall be given in the form, and may alter the entries accordingly.

(5)

AU applications under this rule in form T M 32 shall be signed by the registered proprietor or the, 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.

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.

1. Upon application being made, and copy thereof transmitted to the registered proprietor, if necessary, the provisions of rules 48 to 57 shall apply mutatis mutandis to 'th.e further proceedings thereon; but the Registrar shall not rectify the register or remove the mark from the register merely because the registered proprietor has not filed a' counter-statement; and in any case of doubt any party may apply to the Registrar for directions,
2. (1) Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made in form TM 25 may apply to the Registrar in form TM 26 for leave to intervene, stating thereon the nature of his interest, and the Registrar may refuse or grant leave, after hearing (if so required) the parties concerned, upon such conditions and terms as he may deem fit.

(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. '

[Subsidiary]

Further procedure.

Intervention by third parties.

'Application under section 37 (1).

Evidence.

, Advertisemen t of certain applications .

Certificates of validity to be noted.

(Subsidiary]

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

\

1. Where a person desires to apply under section 38 of the Act that his registered trade mark may be added to or altered, he shall make his application in writing in form Tt\1 24, and shall furnish the Registrar with four copies of the mark as it will a'ppear when so added to or altered.
2. (1) The Registrar shall consider the application and shall, if it appears to him expedient, advertise the application in the Gazette before deciding it.

(2)

Within one month from the date of the advertisement any person may give notice of opposition to the application in form TM 45 accompanied by a duplicate of the notice, and may also send therewith a further statement of his objections in duplicate.

(3)

The Registrar shall send the duplicate notice, and the duplicate of any further statement of objections, to the applicant, and the provisions of rules 48 to 57 shall apply mutatis mutandis to the further proceedings thereon; and in any case of doubt any party may apply to the Registrar for directions.

1. If the Registrar decides to allow the application he shall add to or alter the mark in the register, and if the mark so added to or altered has not been advertised under rule 90 he shall advertise it in the Gazette, and in any case shall insert in the Gazette a notification that the mark has been altered.
2. In connexion with an application to alter a registered trade mark the Registrar may at any time call on the applicant to supply a printing block satisfactory to the Registrar and suitable for advertising the mark with the addition or alteration, if in the opinion of the Registrar an advertisement describing the addition or alteration in words would not be 'likely to be understood by persons interested in the matter.

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

1. An application to the Registrar for the registration under section 31 of the Act of a person as a registered user of a registered trade mark shall be made by that person and the registered proprietor in form TM 48.
2. (l) The entry of a registered user in the register shall state the date on which it was made; and in addition to the trade or business address of the registered user it may include an address for service, if an application by him in form TM 32.therefor has been approved.

(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.

1. An application by the registered proprietor of a trade mark for the variation of the registration of a registered user of that trade mark under paragraph (a) of subsection (8) of section 31 of the Act shall be made on form TM 49, and shall be accompanied by a statement of the grounds on which it is made and, where the registered user in question consents, by the written consent of that registered user.
2. An application by the registered proprietor or any registered user of a trade mark for the cancellation of the registration of a registered user of that trade mark under paragraph (b) of subsection (8) of section 31 of the Act shall be made in form TM 50, and shall be accompanied by a statement of the grounds on which it is made.
3. An application by any person for the cancellation of the registration of a registered user under paragraph (c) of subsection (8) of section 31 of the Act shall be made in form TM 51, and shall be accompanied by a statemen t of the grounds on which it is made.
4. (1) The Registrar shall notify in writing applications under rules 97, 98 and 99 to the registered proprietor and each registered user (not being .the applicant) under the registration of the trade mark.

(2)

Any person so notified who intends to intervene in the proceedings shall, within one month of the receipt of the notification, give' notice to the Registrar in form TM 52 to that effect. and shall send therewith a statement of the grounds of his intervention: and the Registrar shall thereupon send copies of such notice and statement to the other parties, so that the intervention may be known to the applicant. the registered proprietor. the registered user whose registration is in suit and any other registered user who intervenes.

(3)

Any such party may, within such time or times as the Registrar may appoint. leave evidence in support of his case, and the Registrar, after giving the parties an opportunity of being heard. may accept or refuse the application or accept it subject to any conditions. amendments, modifications or limitations as he may think right to impose.

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.

[Subsidiary]

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

(a)

if made in the Commonwealth, before any court, judge or justice of the peace, or any officer authorized by law to administer an oath for the purpose of a legal 'Proceeding;

(b)

if ·made outside the Commonwealth, before a Kenya Consul or Vice-Consul, or other person exercising the functions of a Kenya Consul, or a notary public, or before a judge or magistrate.

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

1. Every application to the court under the Act shall be served on the Registrar.
2. (1) Where an order h'as been made by the court in any case under the Act, the person in whose favour the order has been made, or such one of them if more than one. as the Registrar may direct, shall forthwith leave at the office an office copy of the order, together with form T?',1 46, duly completed. if required.

(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

Class 16

Porcelain and earthenware.

'Class'Yl

Manufactures from mineral and other substances for building or decoration.

Class 18

Engineering, architectural and building contrivances.

Class 19

Arms, ammunition and stores, not included in Class 20.

Class 20

Explosive substances.

Class 21

Naval architectural contrivances and naval equipments not . included in other classes.

Class 22

Carriages.

Class 23

(a) Cotton yarn.

(b) Sewing cotton.

Class 24

Cotton piece goods.

Class 25

Cotton goods not included in other classes.

Class 26

Linen and hemp yarn and thread.

Class 27

Linen and hemp piece goods.

Class 28

Linen and hemp goods not included in other classes.

Class 29

Jute yams and tissues, and other articles made of jute, not included in other classes. .

Class 30

Silk, spun, thrown or sewing.

Class 31

Silk piece goods.

CLASSIFICATION OF GooDs-{Contd.)

Class 32

Silk goods not included in other classes.

Class 33

Yarns of-wool, worsted or hair.

Class 34

Cloths and stuffs of wool, worsted or hair.

Class 35

Woollen and worsted and hair goods, not included in other classes.

Class 36

Carpets, floor-cloth and oil-cloth.

Class 37

Leather, skins unwrought and wrought and articles made of leather.. not included in other classes.

Class 38

Articles of clothing.

Class 39

Paper (except paper hangings), stationery and book-binding.

Class 40

Goods manufactured from indiarubber and gutta-percha not included in other classes.

Class 41

Furniture and u~holstery.

Class 42

Substances used as food oras ingredients in food.

Class 43

Fermented liquors and spirits.

Class 44

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:

(1)

Goods manufactured from ivory, bone or wood, not included in other classes.

(2)

Goods manufactured from straw or grass: not included in other classes.

(3)

Goods manufactured from animal and vegetable substances, not included in other classes.

(4)

Tobacco pipes.

(5)

Umbrellas, walking sticks, brushes and combs for the hair.

(6)

Furniture cream, plate powder.

(7)

Tarpaulins, tents, rick-cloths, rope (jute or hemp), twine.

(8)' Buttons of all kinds, other than of precious metal or imitations iliereot .

(9)

Packing and hose.

(10)

Other goods nor included in the foregoing classes,

[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)

1. Chemical products used in industry, science, photography, agriculture, horticulture, forestry; manures (natural and artifician( � fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry. .
2. Paints, varnishes, lacquers..preservatives against rust and against deterioration of wood; colouring matters, dyestuffs; mordants; resins; metals in foil and powder form for painters and decorators.
3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils. cosmetics. hair lotions; dentifrices.
4. Industrial oils and greases (other than edible oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit): and illuminants; candles, tapers, nightlights and wicks.
5. Pharmaceutical, veterinary and sanitary substances; infants' and invalids' foods; plasters, materials for bandaging; materials for stopping teeth, dental wax: disinfectants; preparations for killing weeds and destroying vermin.
6. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (non-electric); locksmith's work: metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in non-precious metal not included in other classes; ores.
7. Machines and machine tools; motors (except for vehicles); machine couplings and belting (except for vehicles); large size agricultural implements; incubators.
8. Hand tools and instruments; cutlery, forks and spoons; side arms.
9. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring. SIgnalling, checking (supervision), lifesaving and teaching apparatus and instruments; coin or counter-feed apparatus; talking machines, cash registers, calculating machines; fireextinguishing apparatus.

(SubsidiaryJ

1. Surgical, medical, dental and veterinary instruments and apparatus (including artificial limbs. eyes and teeth).
2. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
3. Vehicles; apparatus for locomotion by land, air or water.
4. Firearms; ammunition and projectiles; explosive substances; fireworks.
5. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons); jewellery, precious stones; horological and other chronometric instruments.
6. Musical instruments (other than talking machines and wireless apparatus).
7. Paper and paper articles, cardboard and cardboard articles; printed matter, newspapers and periodicals, books; book-binding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes, typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; (printers') type and cliches (stereotype).
8. Gutta-percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; materials for packing, stopping and insulating; asbestos, mica and their products; hose pipes (non-metallic).
9. Leather and imitations of leather, and articles made" from these materials, and not included in other classes; skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
10. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes' of earthenware or cement; roadmaking materials; asphalt pitch and bitumen; portable buildings; stone monuments; chimney pots.
11. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, 'amber, mother-of-pearl, meerschaum, celluloid and substitutes for all these materials.
12. Small domestic utensils and containers (not of precious metal, nor coated therewith); combs and sponges; brushes (other than paint brushes); brush-making materials; instruments and material for cleaning -purposes; steelwooI; glassware, porcelain and earthenware not included in other classes.
13. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials.
14. Yarns, threads.
15. Tissues (piece-goods); bed and table covers; textile articles not included in other classes.
16. Clothing, including boots, shoes and slippers.
17. Lace and embroidery. ribands and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers.

: 1. Carpets, rugs, mats and matting; linoleums and other materials for covering floors; wall hangings (non-textile).

1. Games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees.
2. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserves, pickles.
3. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; pepper, vinegar, sauces; spices; ice.
4. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.
5. Beer, ale and porter; mineral' and aerated waters and other non-alcoholic drinks; syrups and other preparations for making beverages.
6. Wines, spirits and liqueurs.
7. Tobacco, raw or manufactured; smokers' articles: matches.

NOTES

(1)

By virtue of paragraph 2 of the Second Schedule to the Act and rule 116 of these Rules, "metal goods" as there used means all goods in classes 6 to 14 (inclusive) and 21 of this Schedule that are composed wholly or principally of any metal.

(2)

By virtue of paragraph 1 of the Second Schedule to the Act and rule 115 of these Rules, "textile goods" as there used means all goods in classes 23 and 24 of this Schedule and such goods in classes 22, 25 and 26 as are composed to a substantial extent of artificial or natural textile fibres or are complete articles of clothinz.

• 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.

(b)

Here state the particular matter or procee ding for which the agent is appointed giving 'the reference number if known.

(c)

Here state nationality.

(d)

To be signed by the person appointing the 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.

[Subsidiary]

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.

(b)

Here insert legibly in the name of (b) .........•.....................••••.••.. the full name, description and nationality of the individual, firm or body corporate making the application. The names of all partners in a firm must be given in full. If the applicant is a body corporate the kind and country of incorporation should be "stated,

(c)

Here insert the whose trade or business address is (c) ..........•..•••.••• • • ••

Cull trade or business address of the applicant. . ••••••••.•..•••....••••••••••••.••. "•••• _••••••••••••••••••

(d)

Here insert the trading style (if any).

(e)

If the mark is already in use strike out the words: "proposed to be" and insert "being".

(f)

For addltional matter if required; otherwise to be left blank.

(g)

Signature,

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}

(a)

Here spedh the goods. Only goods included . in one and the same class should be specified. A separate application form is required for each class.

(b)

Here insert the . full name, description and nationality of the applicant. If the applicant-is a body corporare, the kind and country of inc 0 r p oration should be stated.

(c} Here insert the full address of the applicant.

(dl Signature.

(a)

Here state full name and address.

(b)

"If registration is opposed on the grounds that the mark resembles marks already on the Register, the n um b ers of those marks and of the Gazette in which they have been advertised are to be set out.

(c)

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:

(b)

(1) Opposition No to Application for registration of a Trade Mark No. . .

(2)

Application that the entry in the Register in respect of Trade Mark No may be removed.

(3)

may be amended by alteration of or addition to the Trade Mark.

(4)

..•..................... may be amended by a conversion of the specification of goods.

(5)

may be amended otherwise than by any change in the mark or of the specification on conversion.

(a)

Signature:

(a)

Here insert name and address.

(b)

Strike out words here that are not applicable, so as to state ONE of the cases (I) to (5) only.

(c)

.Signature.

(d)

Address.

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

(1)

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 shall in form 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 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.

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

1. The statement on the back of this form must be filled in and signed.
2. This form will be returned if it is filed more than three months before the expiration of the last registration.

[p.T.a.

(a)	Insert		here
the	name		and
address		of	the

person lea ving the fee.

(b)

If the fee is left by the proprietor 0 himself, this pas sag e should be struck out.

(c)

If the fee is not left by the proprietor himself, insert his name and address here.

(d)

Signature of the person leaving the fee.

(e)

Address of the person signing.

[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)

........................•..........••...

(b)

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.

(a)' Signature.

(b) Address.

FEE

Form TM 13

1st Sch., item 7a

(a)

Here insert the name and address of the applicant.

(b)

Here insert "two" or "four" or "six".

(e)

Additional numbers may be given in a signed schedule on the back of the form.

(d)

Signature.

(a)

Name and address of registered proprietor or' other assignor or transmitter.

(b)

Full name, trade address and nationality of transferee.

(e)

Name of transferee.

(d)

Description of transferee.

(e)

Trade or business address of transferee.

• 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.

(j)

Signature of transferce.

(a)

Here insert full name. trade or business address. nationality and description.

• 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.

(d)

Strike out an)' words not applicable, (See rule. 76.)

(c)

Signature.

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.

(b)

Signature.

(u)

Here insert the name of the public authority ordering the change, anti the date thereof.

(b)

Signature of the registered

proprietor		or
user,	as	the
case	may be.

FormTM 18

f_

S~~I

(a)

Signature.

(a)

Here insert words and reference num b er identifying the entry or application.

(b)

Signature.

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) ..................••......•.............

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) .

Form TM 20

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.

(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.

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.

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.

(a)

Here insert the name, trade or business address and description of the registered proprietor.

(b)

Signature.

(a)

Here insert name, trade or business address and description.

(b)

Here fill in full particulars.

(c)

Signature.

REQUEST BY REGISTERED PROPRIE'IOR OF A TRADE MARK THAT A DISCLAIMfR OR l\1EMORANDtJM RELATING' THERETO MAY DE REGIS fERED

•• I •••••• ~ '••••••••••••••• I ••••

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) .

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) .....................................•.

FEE

15t Sch.. items

12. J ~(/

Form TM: 25

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.

(a)

Here state full name and address.

(b)

Signature.

FEE

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

My [our] interest in the Trade Mark is .

Address for service in Kenya in these proceedings: .

...............................................................
.......................................... .....................

Dated this day of , 19 .

(b) .

Form TM

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

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.