WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual J>roperty Rights IJ>~/l/~N/T/l 
24 July 2001 
(01-3670) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL J>ROJ>ERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
KENYA 
The present document reproduces the texe of the Trade Marks Act Cap 506 of 1957 as last 
amended in 1994, under Article 63.2 of the Agreement (see document IPINIlIKEN/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
J>RINCIJ>ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
J>ROJ>RIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
KENYA 
Le present document contient le texte1 de la Loi sur les marques (chapitre 506) de 1957, 
modifiee en demier lieu en 1994, notifiee par le Kenya au titre de l'article63:2 de l'Accord (voir le 
document IPINIlIKEN/2). 
Consejo de los Aspectos de los Derechos de J>ropiedad 
Intelectual relacionados con el Comercio 
J>RINCIJ>ALES LEYES Y REGLAMENTOS DEDICADOS A LA J>ROJ>IEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL J>ARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
KENYA 
En el presente documento se reproduce el texto1 de la Ley de marcas de fabrica 0 de comercio 
(capitulo 506) de 1957, que Kenya ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IPIN/l/KENI2). 
I In English only'/En anglais seulement.lEn ingles solamente. JPIN/I !KENff /I 
Page 2 
·LA WS OF KENY A 
• 
The Trade Marks Act 
CHAPTER 506 
Revised Edition 1982,' (1962) 
Printed and Published by t~e Goyernment Printer 
Nairobi CHAPTER 506 
THE TRADE MARKS ACT 
ARRANGEMENT OF SECfIONS 
Section PART I-PRELIMINARY 
I-Short title. 
2-Interpretation. 
3-Appointment of Registrar and other o~cers. 
PART II--REGISTRATION. INFRINGEMENT AND OTHER 
SUBSTANTIVE PROVISIONS 
4--The register of trade marks. 
Effect of Registration and the Action for Infringement 
5-No action for infringement of unregistered trade mark. 
6-Registration to be in respect of particular goods. IP/N/lIKENfTlI 
Page 3 
7-Right given by registration in Part A, and infringement thereof. 
8-Right given by registration in Part B, and infringement thereof. 
9-Infringement by breach of certain restrictions. 
ID-Saving for vested rights. 
II-Sa ving for use of name, address or description of goods. 
Registrability and Validity of Registration 
12-Distinctiveness requisite for registration in Part A. 
13-Capability of distinguishing requisite for registration in Part B. 
14-Prohibition of registration of deceptive, etc., matter. 
I5-Prohibition of registration of identical and resembling trade 
marks. 
16-Registration in Part A to be conclusive as to validity after seven 
years. 
17-Registration subject to disclaimer. 
18-Words used as name or description of an article or substance. 
19-Effect of limitation as to colour, and of absence thereof. 
PART Ill-PROCEDURE FOR AND DURATION OF 
REO ISTRA TION 
20-Application for registration. 
21-0pposition to registration. 
22-Registration. 
23-Duration and renewal of registration. 
24-Registration of part of trade mark and of trade marks as' a 
series. 
PART IV-ASSIGNMENT AND TRANSMISSION 
25-Powers of, and restrictions on, assign'ment and transmission. 
26-Certain trade marks to be associated so as to be assignable and 
transmissible as a whole only. 
27-Power of registered proprietor to assign and give receipts. 
28-Registration of as~ignments and transmissions. IPINlllKENff/l 
Page 4 
Section PART V-USE AND NON-use 
29--RemovaI from register and imposition of limitations on ground 
of non-use. 
30-Defensive registration of well-known trade marks. 
31-Registered users. 
32-Proposed use of trade mark by corporation to be constituted, 
etc .. 
33--Use of one of associated or substantially identical trade marks 
equivalent to use of another. 
34 -·U:;e uf trade mark for export trade. 
PART VI-REcTIFICATION .AND CORRECTION OF 
REGISTER 
35-General power to rectify entries in register. 
36-Power to expunge or vary registration for breach of condition. 
37-Correction of register. 
38-Alteration of registered trade mark. 
39-Adaptation of entries in register to amended or substituted 
classification of goods. 
PART VII-CERTIFICATION TRADE MARKS 
40·-Certification trade marks. 
PART VIH-RuLES AND FEES 
41-Power of Minister to make rules. 
42-Fees .. 
PART IX-POWERS AND DUTIES OF REGISTRAR 
43-Preliminary advice by Registrar as to distinctiveness. 
44-Hearing before exercise of Registrar's discretion. 
45-Power of Registrar to award costs. 
PART X-LEGAL PROCEEDINGS AND ApPEALS 
46-Registration to be prima facie evidence of validity. 
47-Certificate of validity. 
48-Costs of Registrar in proceedings before court, and payment of 
costs by Registrar. 
49-Trade usage, ·~tc., to be considered. 
50-Registrar's appearance in proceedings involving rectification. 
51-Court's power to review Registrar's decision. 
52-Discreti'on of court in appeals. 
53-Procedure in cases of option to apply to court or Registrar. 
54-Mode of givin~ evidence. 
55-Repealed. 
56-Repealf'." PART XI~FFENCES 
Section 
57-Falsification of entries in ,register. 
58-Fine for falsely representing a trade mark as registered. 
59-Repealed. 
PART XII-MISCELLANEOUS IP/N/lIKEN/T/1 
PageS 
60-Change of form of trade connexion not to be deemed to cause 
deception. 
61-JointIy owned trade marks. 
62-Trusts and equities. 
63-Recognition of agents. 
64-Address for service. 
65-ln terna tional arrangements. 
66-Provisions as to public holidays. 
67-Transitional provisions and savings. 
SCHEDULES. IP/NIlIKENfT 11 
Page 6 
CHAPTER 506 
THE TRADE MARKS ACT 
COlnmencemenf: 1 sf January, 1957 
An Act of Parliament relating to the registration of 
trade marks 
PART I-PRELIMINARY 
1. This A'ct may be cited as the Trade Marks Act. 51 of 1955, 
39 of 1956, 
39 of 1962, 
L.N.374/"1964, 
11 of 1965, 
13 of 1978. 
Short title 
2. (1) In this Act, except where the context otherwise lD.terpretation. 
requires-
"appointed day" means the 1st January, 1957; 
"assignment" means assignment by act of the parties 
concerned; 
"court" means the High Court; 
"limitations" means any limitations of the exclusive right 
to the use of a trade mark given by the registration of a person 
as proprietor thereof, including limitations of that right as to 
mode of use, as to use in rela tion to goods to be sold, or other­
wise traded in~ in any place within Kenya, or as' to use in 
relation to goods to be, exported to g.ny market outside Kenya; 
"mark" includes a device, brand, heading, 'label, ticket, 
name, signature, word, letter pr numeral, or any combination 
thereof; , 
"permitted use" has the meaning assigned to it by sub­
section (1) of section 31; 
"prescribed" means, in relation to proceedings before 
the court, prescribed by rules of court, and, in other cases, 
prescriped by this Act or the rules; 
"reg.ister" means the register of trade marks kept under 
this Act; 
, "registered trade mark" means a trade mark that is 
actually on the register; 
"registered user" means a person \vho'is for the time being 
registered as such under section 31; 
";Registrar" means the Registrar of, Trade Marks 
appointed under section 3; 
"the rules" means rules mude by the Minister under 
section 39 or section 41; Appointment of 
Rc\~i~trar and 
olh~er officers. 
13 of 1978. Sch. IPINI llKENfT 11 
Page 7 
"surname" includes a name by which a person is 
customarily kno\vn by members of the community to \vhich he 
belongs; . 
"trade mark" means, except in relation to a certification 
trade mark, a mark used or proposed to be used in relation 
to goods for the purpose of indicating, or so as to indicate. a 
connexion in the course of trade bet\veen the goods and some 
person having the right either as proprietor or ns registered 
user to use the mark, whether with or without any jndicatio!"' 
of the identity of that person, and means, in relation to a 
certificntion trade mark. a mark registered or deemed to have 
been registered under section 40; 
"transmission" means transmission by operation ot la\v. 
devolution on the personal representative of a deceased person. 
and any other mode of transfer not being assignment; 
"tribunal" means the court or. subject to the provisions 
of section 53, the Registrar. 
(2) Reference in this Act to the use of a mark shall 
be construed as reference to the use of a printed or other 
visual representation of the lnark. and ref~rence therein to 
the use of a mark in relation to goods shall be construed as 
references to the use thereof upon, or in physical or other 
relation to, goods. 
3. (J) The Registrar-General. or such other person as 
the Minister may appoint, shall be the Registrar of Trade 
Marks under and for the purposes of this Act .. 
(2) The Attorney-Ge1;1eral may appoint a Deputy 
Registrar of Trade Marks· and one or more Assistant 
Registrars of Trade Marks and such other officers as may from 
time to time be required for the purposes of this Act. 
(3) The Registrar shall have a seal of such device as may 
be approved -by the Attorney-General; but until such a seal 
has been obtained the seal of the Registrar-General shaH be 
used in lieu thereof. 
(4) Impressions of such seal or stamp shall be judicially 
noticed and admitted in evidence. 
(5) Any act o~ thing directed to ,be done by or to the 
Registrar may be .done by or to the Deputy Registrar of Trade 
Marks or any Assist~nt Registrar of Trade Marks. IP/N/lIKENfT /l 
Page 8 
PART II-REGISTRATION, INFRINGEMENT AND OTHER 
SUBSTANTIVE PROVISIONS 
The Register 
4. (1) .There shall continue to be kept at the office of the 
Registrar of Trade Marks for ·the purposes of this Act the 
record called the register of trade marks, wherein shall be 
entered all registered trade marks with the names, addresses 
and descriptions of their proprietors, notifications of assign­
ments and transmissions, the names, addresses and descrip­
tions of all registered users, disclaimers, conditions, limitations, 
and such other n1atters relating to registered trade marks as 
may be prescribed. 
(2) The register shall continue to be divided into two parts 
called respectively Part A and Part B. 
. (3) The register shall be kept .under the control and 
management of the Registrar and shall at all convenient ·times 
be open to the inspection of the public, subject to such regula-­
tions as may be prescribed. 
Effect of Registration and the Action for Infringement 
5. No person shall be entitled to institute any proceed­
ing to prevent, or to recover damages for, the infringement of 
an unregistered trade mark, but nothing in this Act shall 
be deemed to affect rights 9f action against any person for 
passing off goods as the goods of another person or the 
remedies in respect thereof. 
6. A trade mark must be registered in respect of parti­
cular goods or classes of goods, and any question arising as 
to the class within which any goods fall shall be determined 
by the Registrar, whose decision shall be final. 
7. (1) Subject to the provisions of this section, and of 
sections 10 and 11, the registration (whether before or after 
the commencement of this Act) of a person in Part A of 
the register as proprietor of a trade' mark (other than a 
certification trade mark) in respect of any goods shall, if 
valid, give or be deemed to have given to that person the 
exclusive right to the use of the trade mark in relation to 
those goods, and, without prejudice to the generality of the 
foregoing words, tha t right shall be deemed to be infringed 
by any person who, not being the proprietor of the trade mark The register of 
trade marks. 
No action for 
infringement of 
unregistered 
trade mark. 
Registration to 
be in respect 
of particular 
goods. 
Right given 
by registration 
in Part A and 
infringement 
thereof. IP/N/lIKENlTll 
Page 9 
or a registered user thereof using by way of the permitted use, 
uses a mark identical with it or so nearly resembling it as to 
be likely to deceive or cause confusion, in the course of trade, 
in relation to any goods in respect of. which it is registered, 
and in such manner as to render the use of the mark likely 
to be taken either-
(a) as being use as a trade mark; or 
(b) in a case in which the use is use upon the goods or 
in physi~al relation thereto or in an adverti'sing 
circular or other advertisement issued to the public, 
as importing a reference to son1e person having the 
right either as proprietor or as registered. user to use 
the trade nlark or to goods with which such a person 
is connected in the course of trade. 
(2) The right to the use of Cl trade mark given by regis­
tration shall be subject to any conditions or limitations entered 
on the register, and shall not be deemed to be infringed by 
the use of any such mark in any mode, in relation to goods 
to be sold or otherwise traded in. any place, in relation to 
goods to be exported to any market, or in any other circum­
stances, to which, having regard to any such limitations, the 
registration does not extend. 
(3) The right to the use of a trade mark given by rcgis~ra­
tion shall not be deemed to be infringed by the use of any 
such mark by any person-
(a) in relation to goods connected in the course of trade 
\vith the proprietor or a registered user of the trade 
mark if, as to those goods or a bulk of which 
they form part, the proprietor or the registered user 
conforming to the permitted use has applied the 
trade mark and has' not subsequently removed or 
obliterated it, or has at any time expressely or 
impliedly consented to. the use of the trade nlark; or 
(b) in relation to goods adapted to form part of, or to be 
accessory to, other goods in relation to which the 
trade 'mark has been used without infrtQgcment of 
the right given as aforesaid or might for the time 
being be so used, if the use of the n1ark is reasona bly 
necessary in order to indicate that the goods are so 
. ada pted and neither the purpose nor the effect 'of 
the use of the mark is to indicate otherwise than in' 
accordance with the fact a connexion in the course 
of trade between any person and the goods. IP/N/IIKENff 11 
Page 10 
. (4) The use of a registered trade mark, being one of two 
or more registered trade marks tha tare. identical or nearly 
reselnble 'each other, in exercise of the right to the use bf th, t 
trade mark given by registration as aforesaid, shall not be 
deemed to be an infringement of the right so given to the use 
of any other of those trade niarks. 
8. (1) Except as provided by subsection (2), the registra­
tion (whether before or after the COlnmencement of this Act) 
of a person in Part B of the register as proprietor of a trade 
mark in respect of any goods shall, if valid, give or be deemed 
to have given to that person the same right in !elation to those 
goods as if the registration hat! been in Part A of the register, 
and the provisions of section 7 shall have effect in the same 
manner in relation to a trade mark registered in Part B of the 
register as they have effect in relation to a trade D1ark registered 
in Part A of the register. 
(2) In any action for infringenlcnt of the right to the use. 
of a trade mark given by 1"egistration in Part B of the register, 
otherwise than by an act that is deenled to be an -infringe­
ment by virtue of section 9, no injuncti,on or other relief shall 
be granted to the plaintiff jf the defendant establishes to the 
satisfaction of the court that the use of which the plaintiff 
complains is not likely to deceive or cause confusion or to be 
taken as indicating a connexion in the course of trade between 
the goods and some person having the right either as proprietor 
or as registered user to use the trade mark. 
9. (l) \Vhere, by a contract. in writing lnade with the. 
proprietor or a registered user of a registered trade mark, a 
purchaser or o\vner of goods enters into an obligation to the 
effect tha t he will not do, in rela tion to the goods, an act to 
which this section applies, any person \vho, being the owner 
for the time being of the goods and ha ving notice of the 
obligation, does that act, or' authorizes it to be clOtH;, in rela­
tion to the goods, in the course of trade or with a view to any 
dealing therewith in the course of trade, shall be deemed 
thereby to infringe the right to the use of the trade [nark given 
by the registra tion 1 hereof, unless tha t person beca nle the 
owner of the goods by purchase for Il,oney or I110ney's \\'onh 
in good fa ith before receivin,g, notice of the obligation or by 
virtue of a title derived through another who so became the 
owner thereof. Right given 
by registration 
in Part Band 
in'tringement 
thereof. 
Infringement 
by breach of 
certain 
restrictions. Saving for 
vested rights. (2) The acts to which this section applies ar.e-IP /N/1/KENff /1 
Page 11 
(a) the application of the trade mark upon the goods after 
they have suffered alteration in any manner specified 
in the contract as respects their state or condition, 
get-up or packing; 
(b) in a case in which the trade mark is upon the goods, 
the alteration, part removal or part obliteration 
thereof; 
(c) in a case in which the trade .mark is upon the goods, 
and there is also thereon other matter, being matter 
indicating a connexion in the course of trade between 
the proprietor or registered user and the goods, the 
removal or obliteration, whether wholly or partly, of 
the trade mark unless that other matter is wholly 
removed or obliterated; 
(d) in a case in which the trade mark is upon the goods, 
the application of any other trade mark to the goods; 
(e) in a case in which the trade mark is upon the goods, 
the addition to the goods of any other matter in 
writing that is likely to injure the reputation of the 
trade mark. 
(3) In this section, references in relation to any goods to 
the proprietor, to a registered user, and to the registration, of 
a trade mark shall be construed, respectively, as references to 
the proprietor in whose na me the trade mark is registered, to 
a registered user who is registered, and to the registration 6f 
the trade mark, in respect of those goods, and "upon" includes 
in relation to any g~ods a reference to physical relation thereto. 
10. Nothing in this Act shall entitle the proprietor or 
a registered user of a registered trade mark to interfere with 
or restrain the use by any person of a trade mark identical 
with or nearly resembling it in relation to goods in relation 
to which that person or a predecessor in title of his has 
continuously used that trade mark from a date anterior-
(a) to the use of the first-mentioned trade mark in relation 
to those goods by the proprietor or a predecessor in 
title of his; or 
(b) to the registration of the first-mentioned trade lllark in 
respect of those goods in the name of the proprietor 
or a predecessor in title of his, 
whichever is the earlier, or to object (on such use being proved) 
to that person being put on the register for that identical or 
nearly resembling trade mark in respect of those goods under 
. subsection (2) of section 15. IP/N/lIKENfTlI 
Page 12 
11. No registration. of a trade mark shall· interfere 
with-
(a) any bona fide use by a person of his o\vn name or of 
the name of his p.1ace of business, or of the name, or 
of the name of the place of business, of any of his 
predecessors in business; or 
(b) the use by any person of any bona fide description of 
the character or quality of his goods. not being a 
description that \vould be likely to be taken as 
importing any such reference as is mentioned in 
paragraph (b) of subsection (1) of section 7. or in 
paragraph (b) of subsection (3) of s.~ction 40. 
Registrability and Validity of Registration 
12. (I) In order for a trade mark (other than a certifica­
tion trade mark) to be r,egistra bIe in Part A of the register" it 
must contain or consist of at least one of the follo\ving essential 
particulars-
(a) the name of a company, individual or firm, represented 
in a special or particular manner; 
(b) the signature of the applicant for registration or some 
predecessor in his business; 
(c) an invented word or invented words; 
(d) a word or words having no direct reference to the 
character or quality of the 'goods, and not being 
according. to its ord inary signification a geogra phica 1 
IJame or a surname; 
(e) any other d~~tinctive mark, but a name, signature or 
\vord or words, other than such as fall \vithin the 
descriptions in paragraphs (a), (b), (c) and (d), sha11 
not be registrable under this paragraph except upon 
evidence of its distinctiveness. 
(2) For the purposes of this section, "distinctive" 111eans 
adapted, in relation to the goods in respect of which a trade 
mark is registered or proposed to be registered. to distinguish 
goods with,which the proprietor of the trade mark is or may 
be conne~ted-jn the course of trade from goods in the case of 
which .no such connexion subsists. either generally or. where 
the trade mark is registered or proposed to be registered 
subject to limitations, in rela tion to use within the extent of 
the registration. Saving for 
use of name, 
address or 
description of 
goods. 
Distinctivenes~ 
requisite for 
registration in 
PartA. 
1'1 of 1965, s. 2. Capability of 
distinguishing 
requisite for 
registration in 
Part B. 
11 of. 1965, s. 3. 
Prohibition of 
resistration of 
deceptive, etc., 
matter. 
11 of 1965, s. 4. 
Prohibition of 
registration of 
identical/and 
resembling 
trade marks. IPINIllKENff/1 
Page 13 
(3) In determining whether a trade mark is adapted to 
distinguish, the court or the Registrar' may have regard \ to 
the extent to which-
(a) the trade mark is inherently adapted to distinguish; 
and 
(b) by reason of the use of the trade nlark or of any other 
circumstances, the trade mark is in fact adapted to 
distinguish. 
13. (1') In order for a trade Dlark to be registra bIe in 
Part B of the register it D1ust be capable, in relation to the 
goods in respect of which it is registered or proposed to be 
registered, of distinguishing goods wjth which the proprietor 
of the trade 111ark is or may be connected in the course of 
trade from goods in the case of which no such connexion 
subsi~ts, either generally or, where the trade In:) rk is registered 
or proposed to be registered subject to limitations, in relation 
to use within the extent of the registration. 
(2) In deternlining whether a trade Ina rk is ca pa bIe of 
distinguishing, the court or the Registrar may have regard 
to the extent to which--
('a) the trade mark is inherently capa bIe of distinguishing; 
and 
(6) by reason of the use of the trade mark or of any other 
circumstances, the trade olark is in fact capable of 
distinguishing. 
(3) A tr~de mark n1ay be registered in Part B notwith­
standing any registration in Part A in the name of the same 
proprietor of the same tr~de mark or any part or parts thereof. 
14. No person shall register as a trade mark or part 
of a trade ll1ark any matter the use of which would, by 
reason of its b.eing likely to deceive or cause confusion or 
otherwise, be disentitled to protection in a court of justice, 
or would be contrary to law or Inorality, or any scandalous 
design. 
15. 0) Subject to the prOVISIons of subsection (2), no 
trade mark shall be registered in respect of any goods or 
description of goods that is' identical with a trade mark 
belonging to a different proprietor and already on the register 
in respect of the SUll1e goods or d~scription of goods, or that' 
so nearly l~esembles.such a trade mark as to be likely to d~ceive 
or cause confusion. IP/N/1IKENfT /1 
Page 14 
(2) In case of honest concurrent use,. or of other special 
circumstances which in the opinion of the court or the Regis­
trar make it proper so to do, the court or the Registrar may 
permit the registration of trade marks that are identical or 
nearly resemble each other in respect of the same goods or 
description of goods by more thah one proprietor subject to 
such conditions and limitations, if any, as the court or the 
Registrar may think it righ~ to impose. 
(3) Where separate applications are made by different 
persons to be registered as proprietors respectively of trade 
marks that are identical or nearly resemble each other, in 
respect of the S3rne goods Of description of goods, the Regis­
trar may refuse to register any of them until their rights have 
been detennincd by the cQurt, Of have been settled by agree­
ment in a manner approved by him or on an appeal by the 
court, as the case may be. 
16. (l) I n all legal proceedings relating to a trade mark 
registered in Part A of the register (including applications 
under section 35) the original registration in Part A of the 
register of the trade mark shall, after the-expiration of seven 
years from the date of that registration, be taken to be valid 
in all respects, unless-·--
(a) that registration was obtained by fraud; or 
(b) the trade mark offends against section 14. 
(2) Nothing in subsection (1) of section 8 shall be con­
strued as making applicable to a trade mark, being a trade 
mark registered in Part B of the register, the foregoing pro­
visions of this section relating to a trade mark registered in 
Part A of the register. 
17. If a trade mark-
(a) contains any part not separately registered by the 
proprietor as a tra de mark; or 
(b) contains matter common to the trade or otherwise of 
a non-distinctive character, 
the Registrar or the court, in deciding whether the trade mark 
shall be entered or shall remain on the register, may require, 
as a condition of its being on the register 
(i) that the proprietor shall disclain1 any right to the 
exclusive use of any part of the trade nlark, or to the 
ex<;lusive use of all or any portion of any such matter, 
to t1re_. exclusive use of which the tribunal holds him 
not to b~ntitled; or Registration in 
Part A to be 
conclusive as 
to validity 
after seven 
years. 
Registration 
subject to 
disclaimer. Words used 
as name or 
description of 
an article or 
substance. IP/N/l/KENff 11 
Page 15 
(ii) that the proprietor shall make such other disclaimer 
as the tribunal may consider necessary for the 
purpose of defining his rights under the registration: 
Provided that no disclaimer on the register shall affect 
any rights of the proprietor of a trade mark except such as 
arise out of the registration of the trade mark in respect of 
\vhich the disclaimer is made. 
18. (1) The registration of a trade mark shall not be 
deemed to have become invalid by reason only of any use, 
after tl].e date of the registration, of a word or words which 
the trade mark contains, or of which it consists, as the name 
or description of an article or substance: 
Provided that, if it is proved either-
(i) that there is a well-known and established use of the 
word or words as the name or description of the 
article or substance by a person or persons carrying 
on a trade therein, not being use in relation to goods 
connected in the course of trade with the proprietor 
or a registered user of the trade mark or (in the case 
of a certification trade mark) goods certified by the 
proprietor; or 
(iD that the article or substance was formerly manufac­
tured under a patent, that a period of two years or 
more after the cesser of the patent has elapsed and 
that the word or words is or are the only practicable 
name or description of the article or s~bstance, 
the provisions of subsection (2) shall have effect. 
(2) Where the facts mentioned in paragraph (i) or 'para­
graph 6i) of the proviso rto subsection (1) are proved with 
respect to any word or words, then-
(a) if the trade mark consists solely of that \vord or those 
\vords, the registration of the trade mark, so far as 
regards registration in respect of the article or 
substance in question or of any goods of the same 
description, shall be deemed for the purposes of 
section 35 to be an entry wrongly remaimng on the 
• r regIster; 
(b) if the trade mark contains that word or those words 
_ and other matter, the court or the Registrar, in 
deciding whether the trade mark shall remain on 
the register, so far as regards registration in respect 
of the article or substance in question and of any 
goods of the same description, may in case of a IP/NIl/KENfTll 
Page 16 
decision in favour of its remaining on the register 
require as a condition thereof that the proprietor 
shall disclaim any right to the ex<;lusive use in rela­
tion to that article or substance and any goods of 
the same description of that word or those words, 
so, however, that no disclaimer on the register shall 
affect any rights of the proprietor of a trade mark 
except such as arise out of the registration of the 
trade mark in respect of which the disclaimer is 
made; and 
(c) for the purposes of any other legal proceedings relating 
to the trade mark-
(i) if the trade mark consists solely of that \vord or 
those words, all rights of the proprietor, whether 
under the common law or by registration, to the 
exclusive use of the trade mark in relation to 
the article or substance in question or to any 
goods of the same description; or 
(ii) if the trade mark contains that word or those 
words and other matter, all such rights of the 
proprietor to the exclusive use of that word or 
those words in such relation as aforesaid, 
shall be 'Cleemed to have ceased on the date at which the 
use mentioned in paragraph (i) of the proviso to sub­
section (1) first became well known and established,' or at the 
expiration of the period of two years mentioned in paragraph 
(ii) of tha t proviso. 
(3) No \vord which is the commonly used and accepted 
name of any single chemical element or single chemical com­
pound, as distinguished from a mixture, shall be registered as 
a trade mark in respect of a chemical substance or preparation, 
and any such registration in force at the commencelnent of 
this Act or thereafter shall, notwithstanding anything in section 
16, be deemed for the purposes of section 35 to be an entry 
made in the register without sufficient cause, or an entry 
wrongly remaining on the register, as the circumstances may 
require: 
Provided that this subsection shall not have effect in rela­
tion to a word wruch is used to denote only a branq or nlakc 
of the element or compound as made by the proprietor or a 
registered user of the trade lTlark, as distinguished from the 
element or compound as made by others, and in association 
with a suitable name or description open to the public use. Effect of 
limitJltibn as 
to coloilr, and 
of abse,nce 
thereof. 
Application for 
registration, IP/NIlIKENff 11 
Page 17 
19. (1) A trade Inark may be limited in whole or in part 
to one or more specified colours, and in any such case the fact 
that it is so limited shall be taken into consideration by the 
court or the Registrar having to decide on the distinctive 
character of the trade mark. 
(2) If and so far as a trade mark is reg'istered without 
limitation of colour, it shall be deemed to be registered for 
all colours. 
PART Ill-PROCEDURE FOR AND DURATION OF REGISTRATION 
20. (1) A person claiming to be the proprietor of a 
trade mark used or proposed to be used by hin1 who is desirous 
of registering it shall apply in wr-iting to the Registrar in the 
prescribed manner for registration either in Part A or in 
Part B of the register, 
(2) Subject to the provisions of this Act, the Regis­
trar may refuse the application, or may accept it absolutely 
or subject to such amendments, modifications, conditions or 
limitation'" j.f any, as he may think right. 
(3) In the case of an application for registration of a 
trade maL~ (other than a certification trade mark) in Part A 
of the retJ' ler, the Registrar may, if the applicant is willing, 
instead of refusing the application, treat it as an application 
for registration in Part B and deal with the application 
accordingly. 
(4) In the case of a .cfusal or conditional acceptance, the 
Registrar shall, if required by the applicant, state in writip.g 
the grounds of his decision and the materials used by him'in 
arriving thereat, and the decision shall be subject to appeal to 
the court. 
(5) An appeal under this section shall be made in the 
prescrIbed manner, and on the appeal the court shall, if 
required, hear the applicant and the Registrar, and shall make 
an order determining whether, and subject to what amend­
ments, lllodifications, conditions or limitations, if any, the 
a pplication is to be accepted. 
(6) Appeals under this section shall be heard on· ,the 
materials stated by the Registrar, and no further grounds 
of objection to the acceptance of the application shall be 
allowed to be taken by the Registrar, other than those so 
stated by him, except :by leave of the court; and, where any 
further grounds of objection are taken,. the applicant shall 
be entitled to withdraw his application without payment of 
costs on giving'notice as prescribed. IP/NIlIKENff /1 
Page 18 
(7) The Registrar or the court, as the case may be, may 
at any time, whether before or after acceptance, correct any 
error in or in connexion with the application, or may permit 
the applicant to amend his applicatiof} upon such 'terms as 
the Regis~rar or the court may think fit. 
21. (1) When an application for registration of a trade Opposition to 
mark has been accepted, whether absolutely or subject to registration. 
'conditions or limitations, the Registrar shall, as soon as may 
be after acceptance, cause the application as accepted to be 
advertised in the prescribed manner, and the advertisement 
shall set forth all conditions and limitations subject to which 
the application has been accepted: 
Provided that the Registrar may cause an application to 
be advertised before acceptance if it is made under paragraph 
(e) of subsection (1) of section 12, or in any other case where 
it appears to' him that it is expedient by reason of any ex­
ceptional circumstances so to do, and where an application 
has been so advertised the Registrar may advertise it again 
when it has been accepted but shall not be bound so to do. 
(2) Any person may, within the prescribed time from the 
date of the advertisement of an application, give notice to the 
Registrar of opposition to the registration. 
(3) The notice shall be given in \vriting in the prescribed 
manner, and, shall include a statement of the grounds of 
opposition. 
(4) The Registrar shall send a copy of the notice to the 
applicant, and within the prescribed time after receipt thereof 
the applicant shall send' to the Registrar, in the prescribed 
manner, a counter-statement of the grounds on which he relies 
for his application, and, if he does not do so, be shall be 
deemed to have abandoned his application. 
(5) If the applicant sends a counter-statement, the 
Registrar shall furnish a copy thereof to the person giving 
notice of opposition, and shall, after hearing the parties, if 
so-required, and considering the evidence, decide whether, 
and subject to what conditions or limitations, if any, registra­
tion is to be permitted. 
(6) The decision of the Registrar shall be subject to appeal 
to the court. 
(7) An appeal under this section shall be made in the 
prescribed manner, and on the appeal the court shall, if 
required, hear the parties and the Registrar, and shall make 
an order determining whether, and subject to what conditions 
or limitations, if any, registration is to be permitted. Registra tion. IP /NI llKENff /1 
Page 19 
(8) On the hearing of an appeal under this section. any 
party may, either in the manner prescribed or by special leave 
of the court, bring forward further material for the considera­
tion of the court. 
(9) On an appeal under this section no further grounds 
of objection to the registration of a trade mark shall be allowed '. to be taken by the opponent or the Registrar, other than those 
so stated by the opponent" except by leave of the court; 
and, where any further grounds of objection are taIsen, 
the applicant shall be entitled to withdraw his application 
without payment of the costs of the opponent on giving notice 
as prescribed. . ., 
'(10) On all' appeal under this secti<?n the COUIt may, after 
hearing the Registrar, permit the trade mark proposed to be 
registered to be modified in any manner not substantially 
affecting the identity thereof., but in any such case the trade 
mark as so modified shall be advertised in the prescribed 
manner before being registered. 
(11) If a person giving notice of opposition or an 
applicant sending a counter-statement after receipt of a copy 
of such a notice, or an appellant, neither resides nor carries 
on business in Kenya, the court or the Registrar may require 
him to give security for costs of the proceedings before the 
court or . the Registrar relative to the opposition or to the 
appeal, as the case may be, and in default of such security 
being duly given may treat the opposition or application, or 
the appeal, as the case may be, as abandoned. 
22. (1) When an application for registration of a trade 
mark in Part A or in Part B of the register has been accepted, 
and either-
(a) the application has not been opposed and the time for 
notice of opposition has expired; or 
(b) the application has been opposed and the opposition 
has been decided in faveur of the applicant, 
the Registrar shall, unless the application has been accepted 
in error, register the trade mark in Part A or Part B, as the 
case may be, and the trade mark, when registered, shall be 
registered as of the date 'of the application for registr~tion, and 
that date shall be deemed for the purposes of this Act to be' 
the date of registration: 
Provided that' the provisions of this subsection, relating 
to the date as of which a trade mark shall be register'ed and 
to the date to be dee~ed to be the date of registration, shall, 
as respects a trade mark 'registered under this Act With IP/N/ llKENff /1 
Page 20 
th~ benefit of any enactment relating ~o international or inter­
imperial arrangements, have effect subject to the provisions of 
that enactment. 
(2) On the registration of a trade mark, the Registrar shall 
issue to the applicant a certificate in the prescribed form of 
the registration thereof under the band and seal of the 
-Registrar. . 
(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. 
23. (1) The registration of a trade mark shall be for a 
period of seven years, but may be renewed from time to time 
in accordance with the provisions ·of this .section : 
Provided that, in relation to a registration as of a date 
before the appointed day, this subsection shall have effect wHh 
the substitution of a peri.od of fourteen years for the period 
of seven years. 
(2) The Registrar shall, on application made by the 
registered proprietor of a trade mark in the prescribed manner 
and within the prescribed period, renew the registration of the 
trade mark for a period of fourteen)rears from the date of 
expiration of the original registration or of the last renewal 
of registration, as the case may. be, \vhich date is in this section 
referred to as the expiration of the last registration. 
(3) At the prescribed time before the expiration of the 
last registration of a trade mark, the Registrar shall send 
notice in the prescribed manner to the registered proprietor 
of the date of expiration and the conditions as to payment of 
fees and othenvise upon which a renewal of registration may 
be obtained, and, if at the expiration of the time prescribed in 
that behalf those conditions have not been duly complied with, 
the Registrar may remove the trade mark from the register, 
subject to such conditions, ·if any, as to its restoration to the 
register as may be prescribed. 
(4) Where a trade mark has been removed from the 
register for non-payment of the fee for renewal, it shall, never­
theless, for the purpose of any application for the registration 
of a trade mark during one year next after the date of the 
removal, be deemed to be a trade mark that is already on the 
regf~er : Duration and 
renewal of 
registration. Registration of 
part of 
trade mark and 
of trade marks 
as a series. 
Powers of, and 
restrictions on, 
assignment and 
transmission. IP/N/lIKENfTll 
Provided that this subsection shall not have effect where 
the court or the Registrar is satisfied either-
(i) that there has been no bona fide trade use of the 
trade mark that has been removed during the two 
ye'ars immediately preceding its removal;' or 
(ii) that no deception or confusion would be likely to arise 
from the use of the trade mark that is the ~ubject 
of the application for registration by reason of any 
prevIous use of the trade mafk that has been 
removed. 
24. (1) Where the proprietor of a trade mark claims to 
be entitled to the exclusive use of any part thereof separately. 
he may apply to register the whole and any such part as 
separate trade marks. 
(2) Each s'uch separate trade mark must satisfy all the con­
ditions of an independent trade mark and shall, subject to 
the provisions of subsection (3) of section 26 and subsection 
(2) of section 33, have all the incidents of an independent 
trade mark. 
(3) Where a person claiming to be the proprietor' of 
several trade marks, in' respect of the same goods or descrip­
tion of goods, which, while resembling each other in the 
material particulars thereof, yet differ in respect of-
(a) statements of the goods in relation to \vhich they are 
respectively used or proposed to be used; or 
(b) statements of number, price, quality or names of 
places; or 
(c) other matter of a non-distinctive character which does 
not substantially affect the identity of the trade mark; 
or 
(d) colour, 
seeks to register those trade marks, they Il!ay be registered as 
a series in one registration. 
PART IV-ASSIGNMENT AND TRANSMISSION 
25. (1) Notwithstanding any rule of law or equity to .the 
contrary, a registered trade mark shall be, and shall be deemed 
always to have been, assignable and transmissible either in 
connexion with the goodwill of a business or not. 
(2) A registered trade mark shall be, and shall be deemed 
always to have been, assignable and transmissible in respect 
either of all the goods in respect of Which it is registered, or 
was registered, as the case may be, or of some (but not all) 
of those goods. Page 21 IP/N/lIKENff/l 
Page 22 
(3) The prOVISlons of sub$ections (1) and (2) shaH 
have effect in the case of an unregistered trade mark used 
in relation to any goods as they have effect in the case of a 
registered ttade mark registered in respect of any goods, if 
a t the time of the assignment or transmission of the unregis­
tered trade mark it is or was used in the same business as a 
registered trade mark, and if it is or was assigned or trans­
mitted at the same time and to the same person as that regis­
tered trade mark and· in respect of goods all of which are 
goods in relation to which the unregistered trade mark is or 
was used in that business and in respect of \vhich that registered 
trade mark is or was 'assigned or transmitted. 
(4) Notwithstanding anything in subsections (1), (2) and 
(3), a trade mark shall not be, or be deemed to have 
been, assignable or transmissible in a case in which as a 
result of an assignment or transmission there \vou1d in the 
circumstances subsist, or have subsisted, whether under th~ 
common law or by registration, exclusive rights in more than 
one of the persons concerned to the use, in relation to the 
same goods or description of goods, of trade marks nearly 
resembling each other or of identical trade marks, if, having 
regard to the similarity of the goods and of the trade marks, 
the use of the trade marks in exercis.fYOf those rights would be, 
or have been, likely to deceive or cause confusion:" 
Provided that, where a trade mark is or has been assigned 
or transmitted in such a case, the assignmen~ or trans­
mission shall not be deemed to be, or to have Ibeen, invalid 
under this subsection if the exclusive rights subsisting as a 
result thereof in the persons concerned respectively are, or 
were, having regard to limitations imposed there on , such as' 
not to be exercisable by two or more of those persons in rela­
tion to goods to be sold, or otherwise traded in, within Kenya 
(otherwise than for export therefrom) or in relation to goods 
to be exported to the same market outside Kenya. 
(5) The proprietor of a registered trade mark who pro­
poses to assign it in respect of any good~ in respect of which 
it is registered may submit to the Registrar in the prescribed 
manner a statement of case setting out the circumstances, and 
the Registrar may issue to him a certificate stating whether, 
having-regard to the similarity of the goods and of the trade 
marks referred to in the case, the proposed assignment of the 
first-mentioned trade mark would or would not be invalid 
under subsection (4), and a certificate so issued shall. IP/NIlIKENfT /1 
Page 23 
subject to the prOVISIons of this section as to appeal and 
unless it is sho\vn that the certificate \vas obtained by fraud 
or misrepresentation, be conclusive as to the validity or 
invalidity under that subsection of the assignment· in so far 
as that validity or invalidity depends upon the facts set' out 
in the case, but. as regards a certificate in favour of validity, 
only if application for the registration under section-28 of 
the title of the person becoming entitled is made within 
six months from the date on \vhich th~ certificate is issued. 
(6) Notwithstanding anything in subsections (I), (2) and 
(3), a trade mark shall not, on or after the appointed 
day, be assignable or transmissible in a case in which as 
a result of an assignment or transmission thereof there 
would in the circumstances subsist, whether under the com­
mon law or by registration, an exclusive right in one of 
the persons concerned to the use of the trade mark limited to 
use in relation to goods to be sold or otherwise traded in, in 
a place or places in Kenya and an exclusive right in another 
of those persons to the use of a trade mark nearly resembling 
the first-mentioned trade mark or of an identical trade mark 
in relation to the same goods or description of goods limited 
to use in relation iO goods to be sold, or otherwise traded in, 
in another place or other places in Kenya: 
Provided that, on application in the prescribed manner 
by the proprietor of a trade mark who proposes to assign it, or 
of a person who claims that a trade mark has been tran~mitted 
to him or to a predecessor in title of his on 'o~ after the 
appointed day, in any such case, the Registrar, if he is s1tisfied 
that in all the circumstances the use of the trade marks in 
exercise of those rights would not be contrary to the public 
interest, may approve the assignment or transmission, and an 
as.~gnment or transmission so approved shall not be deemed 
to be, or to have been. invalid under this subsection or under 
subsection (4), so, however, that in the case of a registered 
trade mark this provision shall not have effect unless appli­
cation for the registration under section 28 of the title of 
the person becoming entitled is made within six months from 
the date on \vhich the approval is given or, in the case of 
transmission, was made before that date. 
(7) Where an assignment in respect of any goods of a 
trade mark tha t is at .the time of the assignment used in a 
business in those goods is made, on or after the appointed 
day, otherwise than in connexion with the goodv,,'ilI of that 
business, the assignment shall not take effect until the follow­
ing requirements have been satisfied, that is to say, the assignee IPINll IKENff /1 
Page 24 
. must, not later than the expiration of six months from the 
date on which the assignment is made or within such extended 
period, if any, as the Registrar may allow, apply to him for 
directions with respect to the advertisement of the as~ignment, 
and must advertise it in such form and manner and within such 
period as the Registrar may direct. 
(8) Any decision of the Registar under this section shall 
be subject to appeal to the court. 
26. (l) Trade marks that are registered as, or that are 
deemed by virtue of this Act to be, associated trade marks 
shall be assignable and transnlissible only as a whole and 
not separately, but they shall for all other purposes be 
deemed to ha ye been registered as separate trade marks. 
(2) Where a trade mark that is registered, or is the 
subject of an application for registration, in respect of any 
goods is identical wIth another trade mark that is registered, 
or is the subject of an application for registration, in the name 
of the same proprietor in respect of the same goods or descrip­
tion of goods, or so nearly resembles it as to be likely to 
deceive or cause confusion if used by a person other than the 
proprietor, the Registrar may at any time require that the 
trade marks shall be entered on the register as associated trade 
marks. 
(3) Where a trade mark and any part or parts thereof 
are, by virtue of subsection (1) of section 24, registered 
as separate trade marks in the name of the same proprietor, 
they shall be deemed to be, and shall be registered as, 
associated trade marks. 
(4) All trade marks that are, by virtue of subsection (2) 
of section 24, registered as a series in one registration shall 
be deemed to be, and shall be registered as, associated trade 
marks. 
. (5) On application made in the prescribed manner by 
'the registered proprietor of t~·o or more trade marks registered 
as associated trade marks, the Registrar may dissolve the 
association as respects any of them if he is satisfied that there 
would be no likelihood of deception or confusion being caused 
If that trade mark were used by another person in relation to 
any of the goods in respect of which it is registered, and may 
amend the register accordingly. 
(6) A deoision of the Registrar under subsection (2) or (5) 
shall be subject to appeal to the court. Certain trade 
marks to be 
associated so 
as to be 
assignable and 
transmissible as 
n whole only, Power of 
reghtered 
prorriC!(or to 
ns·:ign and 
q,ivc reccipb. 
Registration of 
a%i~nments and 
t:-~msmissions. 
Removal from 
re~:i~,{er and 
impQsition of 
limitations on 
ground of 
non-U!le. IP/N/lIKENffll 
Page 25 
27. Subject to the provIsIons of this Act, the person 
for the time being entered in the register as proprietor 
of a trade mark shall, subject to any rights appearing from 
the'Tegister to be vested in any other person, have power to 
assign the trade mark, and to give effectual receipts for, any 
consideration for an assignment thereof. 
28. (I) Where a person becom·es entitled by assignment 
or transmission to a registered trade mark, he shall make 
application to the Registrar to register his title, and the Re"gis­
trar shall. on receipt of the application and on proof of title 
to his sa tisfaction, register hinl as the proprietor of the trade 
mark in respect of the goods jn respect of which the assignment 
or transmission, has effect, and shall cause parti~uiars of the 
assignment or transmission to be entered on the register. 
(2) Any decision" of the Registrar under this section shall 
be subject to appe~l to the court. 
(3) Except for the purposes of an appeal under this section 
or of an application under section 35, a document or instru­
ment in respect of which no entry has been made in the 
register in -accordance with the provisions of subsection (1) 
of this section shall not be admitted in evidence in any court 
in proof of the title to a trade mark unless the court other­
wise directs. 
PART V-USE AND NON-USE 
29. (1) Subject to the provisions of section 30, a registered 
trade mark may be taken off the register in respect of any 
of the goods in respect of which it is registered o'n application 
by any person aggrieved to the court or, at the option of the 
applicant and subject to the provisions of section 53, to the 
Registrar, on the ground that either-
(a) the trade mark was reg"istered without any bona tide 
intention on the part' of the applicant for registration 
that it should be used in relation to those goods by 
him, and that ,there has in fact been no bona fide use 
of the t'rade mark in relation to those goods by any 
proprietor thereof for the time being up to the date 
one month befor~ the date of the application; or 
(b) up to the date one month before the date of the appli­
cation a continuous period of five years or longer 
~lapsed during which the trade mark \vas a registered 
trade nlark and during which there was no bona 
fide use thereof in relation to those goods by any 
proprietor thereof for the time being: IPINIIIKENffl 1 
Page 26 
'Provided that (except \vhere the applicant has been per­
mitted under subsection (2) of section' 15 ,to register an' 
identical or nearly resembling trade mark in respect of the 
goods in question or where the tribunal is of opinion that' 
he might properly be perm,itted so to register such a trade 
mark) the tribunal may refuse an application made under 
paragraph (a) or paragraph (b) of this subsection in re~ation 
to any goods, if it is shown that there has been, before 
the relevant date or during the relevant period, as the case n1ay 
be, bona fide use of the trade mark by any proprietor thereof 
for the time being in relation to goods of the same d~scription, 
being goods in respect of which the trade mark is registered. 
(2) Where in relCl:tion to ¥lny goods in respect of which a 
trade mark is registered.....-r 
(a) the matters referred to in paragraph (b) of subsection 
(1) of this section are shown so far as regards non­
use of the trade n1ark in relation to goods to be solq, 
or otherwise traded in, in a particular place in Kenya 
<otherwise than for export), or in relation to goods 
to be exported to a particular market; and 
(b) a person has been permitted under subsection (2) of 
, section 15 to register an identical or nearly resem­
bling trade lllark in respect of those goods under a 
registration extending to use in relation to goods to 
be sold, or otherwise traded in, in that place (other­
wise than for export), or in relation, to goods to be 
exported to that market, or the court or the Registrar 
is of opinion 'that he might prop'erly be permitted so 
to register such a trade mark, 
on application by that person to the court, or, at the option 
of the applicant and subject. to the provisions of section 53, 
to th~ Registrar, the court or the Registrar, as the case may 
be, may impose on the registration of the first-mentioned trade 
mark such limitations as the court or the Registrar thinks 
proper for securing that that registration shall cease to extend 
to the last-mentioned use. 
(3) An applicant shall not be entitled to rely for the 
purposes of paragraph (b) of subsection 0), or for the pur­
~ses of subsection (2), on any non-use of a trade mark 
that is shown to have been due to special circumstances 
in the trade and not to any intention not to use or to abandon 
the"-trade mark in relation to the goods to which the applica­
tion relates. Defensive 
registration 
of well known 
trade marks. IP/N/lIKEN/f/l 
Page 27 
30. (1) Where a trade mark consisting of an invented 
--- word or invented words has become so \\'ell known as respects 
any goods in respect of which it is registered and in relation 
to which it has been used th~t the use thereof in relation to· 
other goods would be likely to be' taken as indicating a .con­
riexi~n iQ the course of trade between those goods and a person· 
entitled to use the trade mark in rela tion to the first-mentioned 
goods, then, notwithstanding that the proprietor registered in 
respect of the first-mentioned goods does not use or propose to 
use the trade mark in relation to those other goods and not­
withstanding anything in section 29, the trade mark may, 
on the application in the prescribed manner of the proprietor 
registered ·in respect of the first-mentioned goods, be 
registered in his name in respect of those other goods as 
a defensive trade mark and, while so registered,. shall not 
be liable to be taken off the register in respect of those goods 
under that section. 
(2) The registered proprietor of a trade mark may apply 
for the registration thereof in respect of any goods as a .defen­
sive trade mark notwithstanding that it is already registered 
in his name in respect of those goods otherwise than as a 
defensive trade mark, or may apply for the registration thereof 
in respect ·of any goods otherwise than as a defensive trade 
mark notwithstanding that it is already registered' in his name 
in respect of those goods as a defensive trade mark,· in lieu in 
each case of the existing registration. 
(3) A trade mark registered as a defensive trade mark 
and that trade mark as otherwise registered in the name of the 
same proprietor shall, notwithstanding that the respective regis­
trations are in respect of different goods, be deemed to be, and 
shall be registered as, associated trade marks. 
(4) On application by any person aggrieved to the court 
or, at the option of the applicant and subject to the provisions 
of section 53, to the Registrar, the registration of a trade 
mark as a defensive trade mark may be cancelled on the 
ground that the requirements of subsection (1) of this section 
are no longer· satisfied in respect of any goods in respect 
of which the trade mark is registered in the name of the 
same proprietor otherwise than as a defensive trade mark, 
or may be cancelled as respects any goods in respect of 
which it is registered as a defensive trade mark on the 
ground that there is no longer any likelihood that the use 
of the trade mark in relation to those goods \vould be taken 
as giving the indication mentioned in subsection (1) of this 
section. IP/NIlIKENff 11 
Page 28 
(5) The Registrar may at any time cancel the registration 
as a defensive trade nlark of a trade mark of which there is 
no longer any registration in the name of the same proprietor 
otherwise than as a defensive trade mark. 
(6) Except as otherwise expressly provided in ~is section, 
the provisions of this Act shall apply in respect of the 
registratiQn of trade nlarks as defensive trade marks and of 
trade marks so registered as they apply in other cases. 
31. (1) SUbject to the provisions of this section, a 
person other than the proprietor of a trade mark may be 
registered as a" registered user thereof in respect of all or any 
of the goods in respect of which it is registered (otherwise 
than as a defensive trade mark) and either with or without 
conditions or restrictions; and the use of a trade mark by a 
registered user thereof in relation to goods \vith which he is 
connected in the course of trade and in respect of which for the 
time being the trade mark ·remains registered and he is 
registered as a registered user, being use such as to comply 
with any conditions or restrictions to \vhich his registration 
is subject, is in this Act referred to as the permitted use 
thereof. 
(2) The permitted use of a trade mark shall be deemed 
to be use by the proprietor thereof, and shall be deemed not 
to be use by a person other than the proprietor, for the pur­
poses of section 29 and for any other purpose for which such 
use is material under this Act or at common law. 
(3) Subject to any agreement subsisting between the 
parties, a registered user of a trade n1ark shall be entitled to 
call upon the proprietor thereof to take proceedings to prevent 
infringement thereof, and, if the proprietor refuses or neglects 
to do so within two months after being so called upon, the 
registered user may institute proceedings for infringenlent 
in his own name, as if he were the proprietor, making the 
proprietor a defendant; and a proprietor so added as defendant 
shall not be liable for any costs unless he enters an appearance 
and takes part in the proceedings. 
(4) Where it is proposed that a person should be registered 
as a registered user of a trade mark, the proprietor and the 
proposed registered user shall apply in writing to the Registrar 
in the prescribed manner and shall furnish him with a statutory 
declaration olude by the I proprietor, or by some'\. person 
authorized to act on his behalf and approved by the 
Registrar-Registered 
users. IP/N/IIKENff 11 
Page 29 
(a) giving particulars of the rela~ionshipJ existing or 
proposed, between the proprietor and the proposed 
registered user, including particulars sho'wing the 
degree of control by the proprietor over the permitted 
use which their relationship will confer and whether 
it is a term of their relationship that the proposed 
registered user shall be the sole registered user or that 
there shall be any other restriction (J.S to persons for 
whose fegistration as registered users application may 
be made; 
(b) stating the goods in respect of which registration is 
proposed; 
(c) stating any conditions or restrictions proposed with 
respect to the ch~racteristics of the goods, to the 
mode or place of permitted use or to any other 
matter; and 
(d) stating whether the permitted use is to be for a period 
or without limit of period, and if for a period the 
duration thereof, 
and with such further documents, information or evidence as 
may be required ·under the rules or by the Registrar. 
(5) When the requirements of subsection (4) have been 
complied with, if the Registrar, after considering the in­
formation furnished to him under that subsec.tion, is satisfied 
tha t in all the circumstances the use of the trade mark 
in relation to tne proposed goods or any of them by the pro­
posed registered user subject to any conditions or restrictions 
which the Registrar thinks proper would not be contrary to 
the public interest, the Registrar may register the proposed 
registered user as a registered user in respect of the goods as 
to which he is so satisfied subject as aforesaid. 
(6) The Registrar shall refuse an application under the 
foregoing provisions of this section if it appears to him that 
the grant thereof would tend to facilitate trafficking in a trade 
mark. 
(7) The Registrar shall, if so required by an applicant, 
take steps for securing. that information given for the purposes 
of an application under the foregoing provisions of this section 
(other than matter entered in the register) is not disclosed to 
rivals in trade. 
(8) Without prejudice to the provisions of section 35, ~e 
registration. of a person as a registered user may be-
(a) varied by the Registrar as regards the goods in respect 
of \vhich, or any conditions or restrictions subject to IP/NI1 IKENfflI 
Page 30 
which~ it has effect, on the appli.cation in writing in 
the prescribed manner of the registered proprietor of 
the trade mark to which the registration relates; 
(b) cancelled by the Registrar on the application in writing 
in the prescribed manner of the registered proprietor 
or of the registered user or of any other registered 
user of the trade ma rk: or 
(c) cancelled by the Registrar on the application in writing 
in the prescribed manner of any person on any·of the 
following grounds-
(i) th~t the registered user has used the trade mark 
otherwise than by way of the permitted use, or 
in such a way as to cause, or to be likely to 
cause, deception or confusion; 
(iD tha t the proprietor or the registered user mis­
represented, or failed to disclose, some fact 
material to the al'plication for the registration, 
or that the circumstances have materially 
changed since the date of the registration; 
(iii) that the registration ought not to have been 
effected having regard to rights vested in the 
applicant by virtue of a contract in the perform­
ance of which he is interested. 
(9) Provision shall be made by the rules for the notifica­
tion of the registration of a person as a registered user to any 
other registered user of the trade mark, and for the notification 
of an application under subsection (8) to the registered 
proprietor and each registered user (not being the applicant) 
of the ttade mark, and for giving to the applicant on such 
an application, and to all persons to whom such an appli­
cation is notified and who intervene in the proceedings in 
accordance with the rules, an opportunity of being heard. 
(10) The Registrar Dlay at any time cancel the registra­
tion of a person as a registered user of a trade mark in respect 
of any goods in respect of which the trade mark is no longer 
regi~tered. 
(11) A decision of the Registrar under the foregoing 
provisions of this section shall be subject to appeal to the 
court. 
(12) Nothing in this section shall confer on a registered 
user of a trade mark any assignable or transmissible right to 
the use thereof. . Propose4 use 
of trade mark 
by corporation 
to be constituted. 
etc. IP/N/lIKENfTll 
Page 3 I 
32. 0) No application for the registration of a trade 
mark in respect of any goods shall be refused, nor shall per­
mission for such registration be withheld, on the ground only 
that it appears that the applicant does 'not use or propose to 
use the trade mark if-
(a) the court or the Registrar is satisfied that a body 
corporate is about to be constituted, and that the 
applicant intends to assign the trade mark to the 
corporat,ion with a view to the use thereof in relation 
to those goods by the corporation; or 
(b) the application is accompanied by an application for 
the registration of a person as a registered user of the 
trade mark, and the court or the Registrar is satisfied 
that the proprietor intends it to be used by that 
person in relation to those goods and the court or 
the Registr~r is also satisfied that that person will be 
registered as a registered user thereof immediately 
after the registration of the trade mark. 
(2) The provisions of section 29 shall have effect, in 
relation to a trade mark registered un"der the power con­
ferred by subsection (1) of this section, as if for the reference, 
in paragraph (a) of subsection (1) of that section, to intention 
on . the part of an applicant for registration that a trade 
mark should be used by him there \vere substituted a 
reference to intention on his part that it should be used by the 
corporation or registered user concerned. 
(3) The court 'or the Registrar may, as a condition of the 
exercise of the power conferred by subsection (l) in favour 
of an applicant who relies on intention to assign to a cor­
poration as aforesaid', require him to give security for the 
costs of any proceedings before the court or the Registrar 
relative to any opposition or appeal, and in default of such 
security being duly given may treat the application as 
abandoned. 
(4) Where a trade mark is registered in respect of any 
goods under the power conferred by subsection (1) in the 
name of an applicant who relies on intention to assign to 
a corporation as aforesaid, then, unless within such period 
as may be prescribed, or within such further period not 
exceeding six months as the Registrar may on application 
being made to him in the prescribed manner allow, the 
corporation has been registered as the proprietor of the 
trade mark in respect of those goods, the registration shalt 
cease t6 have effect'in respect thereof at the expiration of that 
p~riod, and the Registrar shall amend the register accordingly. IP/N/llKENff/l 
Page 32 
33. (1) Where under this Act use of a registered trade 
mark is T~quired to be proved for any purpose, the court ' 
or the Registrar may, if and so far as the court or the Regis­
trar thinks right, accept use of an associated registered' trade 
mark, or of the trade mark ,with additions or alterations not 
substantially affecting its identity, as an equivalent for the use 
required to be proved. 
(2) The use of the \vhole of a registered trade mark shall 
for the purposes of this Act be deemed to be also a use 
of any registered trade mark, being a part thereof, registere~ 
in the name of the same proprietor by virtue of subsection (1) 
of section 24. 
34. The application in Kenya of a trade tnark to goods 
to be exported, and any other act done in' Kenya in relation 
to goods to be so exported which if done in relation to goods 
to be sold or otherwise .traded in within Kenya would con­
stitute use of a trade mark therein, shall be deemed to co~­
stitute use of the trade mark in relation to those goods for any 
purpose for which such use is material under this Act or at 
common 1aw. 
PART VI-RECTIFICATION AND CORRECTION OF REGISTER 
35. (1) Any person aggrieved by the non-insertion in or 
omission from the register of an entry, or by any entry made 
in the register without sufficient cause, or by any entry wrongly 
remaining on the register, or by any error or defect in any entry 
in the register, may apply in the presc~ibed manner to the 
court or, at the option of the' applicant and subject to the 
provisions of section' 53, to the Registrar, and the court or 
the Registrar may make such order for making, expunging 
or varying the entry as the court or the Registrar may .think fit. 
(2) The court or the Registrar may in any proceeding 
under this section decide any question that it may be necessary 
or expedient to decide in connexion with the rectification of 
the register. 
, (3) In case of fraud in the registration, assignment or 
transmission of a registered trade nlark, the Registrar may 
himself apply to the court 'under this section. 
(4) Any order of the court rectifying the register shall 
direct that notice of the rectification shall be served in the 
prescribed manner on the Registrar, and the Registrar shall 
on receipt of the notice rectify the register accordingly. 'Use of one 
of associated 
or substantially 
identical trade 
marks equivalent 
to use of 
another. 
Use of trade 
mark for export 
trade. 
General power 
to rectify entries 
in register. Power to expunge 
or vary 
registration 
for breach ot 
condition. 
Correction 
of register. 
Alteration of 
registered 
trade mark. IPlNlllKENff 11 
Page 33 
(5) The power to rectify the register conferred by this 
section shall include power to remove a registration in Part A 
of the register to Part B. 
36. On application by any person aggrieved to the court, 
or, at the option of the applicant and subject to the provisions 
of section 53, to the Registrar, or on application by the 
Registrar to 1he court, the court or the Registrar may make 
such order as the COUTt or the Registrar may think fit for 
expunging or varying the registration of a trade mark on 
the ground of any contravention of, or failure to observe, 
a condition entered on the register in relation thereto. 
37. 0) The Registrar may, on request made in the pre­
scribed manner by the registered proprietor-
(a) correct any error in the name, address or description 
of the regist~red proprietor of a trade mark; 
(b) enter any change in the name, address or description 
of the person who is registered as proprietor of a 
trade mark; 
(c) cancel the entry of a trade mark on the register; 
(cl) strike out any goods or classes of goods from those in 
respect of which a trade mark is registered; or 
(e) enter a disclaimer or memorandum relating to a trade 
mark which does not in any way extend the rights 
given by the existing registration of the trade mark. 
(2) The Registrar may, on request made in the prescribed 
manner by a registered user of a trade mark, correct any error, 
or enter any change, in the name, address or description of the 
registered user. 
(3) Any decision of the Registrar under this section shall 
be subject to appeal to the court. 
38. (1) The registered proprietor of a trade mark may 
apply in the prescribed manner to the Registrar for leave to 
add to or alter the trade mark in any manner not substantially 
affecting the identity thereof, and the Registrar may refuse 
leave or may grant it on such terms and subject to such 
limitations as be may think fit. 
(2) The Registrar may cause an application under this 
section to be advertised in the prescribed" manner in any case 
where it appears to him that it is expedient so to do, and where 
he does so, if within the prescribed time from the date of the 
advertisement any person gives notice to the Registrar in the IP/N/lIKENff/l 
Page 34 
prescribed manner of opposition to the application, the Regis· 
trar shall, after hearing the parties if so required, decide the 
matter. 
(3) A decision of the Registrar under this section shall 
be subjecl to appeal to the court. 
(4) Where leave under this section is granted, the trade 
mark as altered shall be adver.tised in the prescribed manner, 
unless it has already been advertised, in 'the form to which H 
has been altered, in an advertisement under subsection (2). 
39. (1) The Minister may from time to time make such 
rules, prescribe such forms and generally do such things as he 
thinks expedient, for empowering the Registrar to amend the 
register, whether by' making Ot; expunging or, varying entries 
therein, so far as may be requisite for the purpose of adapting 
the designation therein of the goods or classes of goods in 
respect of which trade fnarks are registered to any amended 
or substituted classification that may be prescribed. 
(2) The Registrar shall not, in exercise of any power 
conferred on him for the purpose referred to in subsection (1), 
make any amendment of ,the register that would have ithe 
effect of adding any,_goods or classes of goods to those in 
respect of which a trade mark is ,registered (whether in one 
or more classes) immediately before the amendment is to be 
made, or of ante-dating the registrltfon of a trade mark in' 
respect of any goods: ' 
Provided that this, subsection shall not have effect in 
relation to goods as to which the Registrar is satisfied that 
compliance with this subsection in relation thereto would 
involve undue complexity and that the addition or ante-dating, 
as the case may be, would not affect any substantial quantity 
of goods and would not substantially prejudice the rights of 
any per-SOD. 
(3) A proposal for the amendment of the re~lster for the 
purpose referred to in subsection (1) shall be notified to the 
registered proprietor of the trade mark affected, shall be subject 
to appeal by the registered proprietor to the court, shall be 
advertised with any modifications, and may be opposed before 
the Registrar by any person aggrieved on the ground, that the 
proposed amendment contravenes subsection (2), and the 
deoision of the Regist!1ar on any such opposition shall be 
subjeCt to appeal to the court. 
(4) Deleted by 39 of 1962, s. '5. Adaptation of 
entries iq register 
to amended or 
substituted 
classification of 
goods. 
39 of 1962, s. 5. ·Certification 
trade marks. PART VII-CERTIFICATION TRADE MARKS IP/NI 1 IKENfTl 1 
Page 35 
40. (1) A mark ada pted in relation to any goods to dis­
tinguish in the course of trade goods· certified by any person 
in respect of origin, material, mode of manufacture, quality, 
accuracy or other characteristic .from .goods not so 'certified 
shall be registrable as a certification trade mark in Part A of 
the register in respect of those goods in the name, as proprietor 
thereof, of that person: 
Provided that a mark shall not be so registrable in the 
name of a person who carries on a trade in goods of the kind 
certified. 
(2) In determining whether a m.ark is adapted to distin­
guish, the court or the Registrar may have regard to the 
extent to which-
(a) the mark is inherently adapted to distinguish -in relation 
to the goods dn question; and 
(b) by reason of the use of the mark or of any other 
circumstanc~s, the mark is in fact adapted to 
distinguish in relation to the goods in question. 
(3) Subject to the provisions of subsections (4), (5) and (6) 
of this section, and of sections 10 and 11. the registration 
of a person as proprietor of a certifica ti on trade mark in 
respect of any goods. shall, jf valid, give to that person-the 
exclusive right to the use of the trade mark in relation to 
those goods, and, \vithout prejudice to the generality of the 
foregoing words, that right shall be deemed to be infringed by 
any person who, not being the proprietor of the trade mark 
or a p'erson authorized by him under the regul.ations in ·that 
behalf using it in accordance· therewith, uses a mark identical 
with it or so nearly resembling it as to be likely to deceive 
or cause confusion, in the course of trade, in· relation to a·ny 
goods in respect of which it is registered, and in such manner 
as to render the use of the mark likely to be taken either-
(a) as being use as a trade Inark; or 
(b) in a case in. which the use is use upon the goods or 
in physical relation thereto or in an advertising 
circular or other advertisement issued to the public, 
as importing a reference to some person having the 
right either as proprietor: or by his authorization 
under the r~~evant regulations to use the trade mark 
or to goods-certified by the proprietor. 
(4) The right to the use of a certification trade mark given 
by registration shaIf be subject to any conditions or· limi­
tations entered on the register, and shall not be deemed IPlNlllKENffll 
Page 36 
to be infringed by the use of any such mark in any mode, 
in relation to goods to be sold or otherwise traded in any 
place, in relation to goods to'. be exported to any market, 
or in any oth,er circumstances, to which, having regard to any 
such limitations, the registration does not extend. 
(5) The right to the use of a certification trade mark 
given by registration shall not he deemed to be infringed 
by the use of any such mark by any person-
(a) in relation to goods certified by the proprietor of the 
trade mark 1f, as to those goods or a bulk of which 
they form part, the proprietor or another in accord­
ance with his authorization under the relevant 
regulations has applied the trade ~ark and has not 
subsequently 'removed or obliterated it, or the 
proprietor has at any time expressly or impliedly 
consented to the use of the trade mark; or . 
(b) in relation to goods adapted to form part of, or to be 
accessory to, other goods in relation to which the . 
trade mark has been used without infringement of 
the right given or might for the time being the so 
used, if ,the use of the mark is reasonably necessary 
in order to indicate that the goods are so adapted' 
and neither the purpose nor the effect of the use 
of the mark is to :jndicat~therwise than in accord­
ance with the faot that the goods are certified by 
the proprietor: 
Provided that ·paragraph (a) shall not have effect in the 
case of use consisting of the application of any such mark to 
goods, notwithstanding that rthey are goods mentioned in that 
paragraph, if that applicanion is contrary to the relevant 
regulations. . 
(6) Where a certification trade mark is one of two or. 
more' registered trade marks that are identical or nearly 
resemble each other, the use of any of those trade marks in 
exercise of the right to the use of that trade D1ark given by 
registration shall not be deemed to be an infringement of the 
right so given to the use of any other of those trade marks. 
(7) There shall be deposited at the office of the Registrar 
in respect of every trade mark registered under this section 
regulations for governing the use thereof, which shall include 
provisions as to the cases in which ,the proprietor is to certify 
goods and to authorize the use of the trade mark, and may 
contain any other provisions that the Registrar may require 
or permit to be inserted therein (in,eluding provisions con-Power of 
Minister to 
make rules. 
39 of 1956, Sch. 
Fees. 
Preliminary 
advice by 
Registrar as to 
distinctiveness. IPINlllKENffll 
Page 37 
ferring a right of appeal to the Registrar against any refusal 
of the proprietor to certify goods or to authorize the use of the 
trade mark in accordance with the regulations); and regula­
tions so deposited shall be open to in~pection in the same 
manner as the register. 
(8) A certification trade mark shall not be assignable or 
transmissible otherwise than with th~ consent of the court. 
(9) The provisions of the First Schedule shall have effect 
with respect to the registration of a mark under this section 
and to II;larks so registered. 
PART VIII-RuLES AND FEES 
.41. The Minister may make such rules, prescribe such 
fonus and gene'rally do such things as-he thinks· expedient-
(a) for regula1ing the practice under this Act, incluaing 
the service of documents; 
(b) for classifying goods for the purposes of registration of 
trade marks; 
(c) for making or requiring duplicates of trade marks and 
other documents; 
(d) for securing and regulating the publishing and selling 
or distributing, in such manner as the Minister thinks 
fit, of copies of trade marks and other documents; 
(e) generally, for regulating the business of the Registrar 
in relation to trade marks and all things by this 
Act placed under the direction or control of the 
Registrar. 
42. There shall be paid in respect of applications and 
registration and other matters under this Act such fees as 
may be prescribed by the Minister. 
PART IX-POWERS AND' DUTIES OF REGISTRAR 
43. (l) The power to give to a person who proposes to 
apply for the registration of a trade mark in Part A or Part B 
of the register advice a.s to whether the trade mark appears to 
the Registrar prima facie to be inherently adapted to distin­
guish, or capab~e of distinguishing, as the case may be, shall 
be a function of the Registrar under this Act. 
(2) A person who is desirous of obta1ining such advice 
shall make application to the Registrar therefor in the pre­
scribed 'manner. 
(3) If on an application for the registration of a trade 
mark as to which the Registrar has given adv,ice in the 
affirmative, Inade within three months after the advice is IP/N/l/KENff/l 
Page 38 
given, the Registrar, after further investigation or considera­
tion, gives notice to the applicant of objection on the ground 
that the trade mark is not adapted to distinguish, Slr capable 
of distinguishing, as the case may be., the applicant shall be 
entitled, . on giving notice of \vithdrawal of the application 
\\,'ithin the prescribed period, to have repaid to him ·any fee 
paid on the filing of the application. 
44. ' Where any discretionary or other power is given to 
the Registrar by this Act or the rules, he shall not exercise 
that po\ver adversely to the applicant for registration or the 
registered proprietor 'If the trade mark in question without 
(if duly required so to do within the prescribed time) giving 
to the applicant or registered proprietor an opportunity of 
being heard. 
45. (1) r n all proceedings before the Registrar under this 
Act, the Registrar shall have power to ~ward to any party 
such costs as he may consider reasonable, and to direct 
how and by what parties they are to be paid, and any such 
order may, by leave of the court or a judge thereof, be enforced 
in the same manner as a judgment or order of the court to the 
same effect. 
(2) The Chief Justice may make rules in regard to the 
amount of a'nd generally as to costs. 
PART X-LEGAL PROCEEDINGS AND ApPEALS 
46. In all legal proceedings relating to a registered trade 
mark (including applications under section 35), Ithe fact that 
a person .js registered as proprietor of the trade mark shall 
be prima facie evidence of the validity of the original registra­
tion of the trade 'mark and of all subsequent assignments and 
transm-issions thereof. 
47. In any legal proceeding in which the validity of the 
regisfration of a registered trade mark comes into question 
and is decided in favour of the proprietor of the trade mark, 
the court may certify to that effect, and if it so certifies then 
in any subsequent legal proceeding in \vhich the validity of 
the registration comes into question the proprietor of the trade 
mark on obtaining a final order or judgment in his favour 
shall have his full costs, charges and expenses as between, 
advocate and client, unless in the subsequent proceeding the 
court certifies tha t he ought not to have them. Hearing ~fore 
exercise of 
Registrar's 
discretion. 
Power of 
Registrar to 
award costs. 
Registration 
to be prima 
facie evidence 
of validity. 
Certificate of 
validity. Cost!'. of 
Registrar in 
proceedings 
before court, 
and payment 
of costs by 
Registrar. 
Trade usage, 
etc .. to be 
considered. 
Registrar'S 
appearance in 
proceedings 
involving 
reclificalion. 
Court's 
power to 
review 
Registrar's 
decision. 
Discretion of 
court in 
appeals. 
Procedure 
in cast:~ of 
option to 
apply to 
coun or 
R~gistrar. IP/N/lIKENIfIl 
Page 39 
48. In all proceedings before the court under this 
Act, the costs of the Registrar shall be in the discretion 
of the court, but the Registrar shall not be ordered to pay the 
costs of any other of the parties, 
49. In any action or proceeding relating to a trade ma'rk 
or trade name, the court or the Registrar shall admit evidence 
of the usages of the trade concerned and of any relevant {rade 
mark or trade name or get-up legitimately used by other 
persons. 
50. (1) In any legal proceeding in which the relief sought 
includes a1 teration or rectifica tion of the register, the Registrar 
shall have the right to appear and be heard, and shall appear 
if so directed by the court. 
(2) Unless otherwise directed by the court, the Registrar 
in lieu of a ppearing and being heard may submit to the court 
a statement in ,vriting signed by him, giving particulars of the 
proceedings before him in relation to the matter in issue or of 
the grounds of any decision given by hin1 affecting it or of 
the practice of the office of the Reg.istrar in similar cases or of 
such other ma tters relev~l nt to the issues, and \vithin his kno\v­
ledge as Registrar, as he thinks fit, and the statement shall be 
deemed to form part of the evidence in the proceeding. 
51. The court, in dealing \vith any question of ·the 
rectifica tion of the register (inc} ud ing all a pplications under 
the provisions of section 35), shall have power to review any 
decision of the Registrar relating to the entry in question or 
the correction sought ,to be made. 
52. In any appeal from a decision of the Registrar to 
the court under this Act, the court shall have and exercise the 
same discretionary powers as under this Act are conferred 
upon the Registrar. 
53. V/here under any of the foregoing provisions of this 
Aat an -applicant has an option to ll1ake an application either 
to the court or to the Registrar-
(a) if an action concerning the trade mark in question is 
pending, the ·applioation shall be n1ade to the court; 
(b) if in any other case the application is made to the 
Registrar, he may, at any stage of the proceedings, 
refer the appUcation to the court, or he may after 
hearing the parties determine the question between 
them, subject to appeal to the court. IP/N/] IKEN{f1l 
Page 40 
54. (1) In any proceeding under this Act before the 
Registrar, the evidence shall be given by statutory declara­
tion in the absence of directions to the contrary, but, in any 
case in which the Registrar thinks it right so to do, he may 
take evidence viva voce in lieu of or in addition rto evidence 
by declara~ion. 
(2) Any such statutory declaration may in the case of 
appeal be used before the court in lieu of evidence by affidavit, 
.but if so used shall ha.ve all the incidents and consequences of 
evidence by affidavit. 
(3) In case any part of the evridence is taken viya voce, 
the Registrar shall, in respect of requiring the attendance of 
witnesses and taking evi~ence on oath, be in the same position 
in all respects as a magistrate. 
55 and 56. Repealed by 11 0/ 1965, s. 5. 
PART XI-OFFENCES 
57. If any person makes or causes to be made a false 
entry in the register, or a writing falsely purporting to be a 
copy of an entry in the register, or produces or tenders or 
causes to be produced or tendered in evidence any such 
writing, knowing the entry or writing to be false, he shall be 
guilty of ·an offence and liable to imprisonment for a term not 
exceeding five years or to a fine not exceeding ten thousand 
shillings, or to both such imprisonment and fine. 
58. (1) Any person who makes a representation-
(a) with respect to a mark not being a registered trade 
mark, to the effect that it is a registered trade mark; 
or 
(b) with respect to a part of a registered trade mark not 
being a part separately registered as a trade mark, to 
the effect that it is so registered; or 
(c) to the effect that a registered trade mark is registered 
in respect of any goods in respect of \vhich it is. not 
registered; or 
(cl) lo the effect that the registration of a trade mark gives 
an exclusive right to the use thereof in any circum­
stances in which, having regard to limitations entered 
on the register, the registration does not give that 
r~ght, 
shall be guilty of an offence and liable to a fine not exceeding 
fi ve thousand shillings. Mode of 
giving 
evidence. 
Falsification 
of entries 
in register. 
Fine for 
falsely 
representing a 
trade mark 
as registered. Change of 
form of 
trade 
connexion not 
to be deemed 
to CCl u~c 
deception. 
Jointly owned 
trade marks. IP/N/IIKEN/T/1 
Page 41 
(2) For the purposes of this section, the use in Kenya 
in rela tion to a trade ma rk of the word "registered", or of 
any other word referring whether expressly or impliedly to 
registration; shall be deemed to inlport a reference to registra­
tion in the register, except-
(a) where that word is used in physical association with 
other \vords delinea ted in characters a t least as large 
as those in which that \vord is delineated and indi­
cating that the reference is to registration as a trade 
mark under the law of a country outside Kenya, 
being·a country under the law of which the registra­
tion referred to is in fact in force; 
(b) where that word (being a word other than the word 
"registered") is of itself such as to indicate that the 
reference is to the last-mentioned registra{ion; or 
(c) where that \-vord is used in relation to a mark registered 
as a trade Inark under the law of a country outside 
Kenya and in relation to goods to be exported to 
that country. 
59. Repealed by 11 of 1965, s. 6. 
PART XII-MISCELLANEOUS 
60. The use of a registered trade mark in relation to 
goods bet\veen which and the person using it any form of 
connexion in the course of trade subsists shall not be deemed 
to be likely to cause deception or confusion on the ground 
only that the trade mark has been, or is, used in relation to 
-goods between v,:hich and th3t perso:1 or a predecessor in title 
of his a different form of connexion in the course of trade 
subsisted or subsists. 
61. (1) Where the relations between two or more persons 
interested in a trade mark are such that no one of them is 
entitled as between himself and the other or others of them 
to use it except-
(a) on behalf of both or all of them,. or 
(b) in relation to an article with which both or .all of them 
~r~ connected in the course of trade, 
those persons may pe r~gistered as joint proprietors of the 
trade mark, :and this Act· sh~~l have effect inrela1ion to 
any rights to the use of the trade mark vested in those persons 
as if those rights had been vested in a single person. IP/NI 1 IKENfTl I 
Page 42 
(2) Subject to .subsection. (1), nothing in this Act shall 
authorize the registration of two or more persons who use a 
trade mark independently, or propose so' to use it, as joint 
proprietors thereof. 
62. (1) There shall not be ehtered in the register any 
notice of any trust express, implied or constructive, nor shall 
any such notice be receivab~e by the Registrar. 
(2) Subject ·to the provisions of this Act, equities in 
respect of a trade mark may be enforced in like manner as in 
respect of any other personal property. 
63. Where by this Act any aot has 10 be done by 
or to any person in connexion \vith a trade' mark or proposed 
trade mark or any procedure relating thereto, the act may, 
under and in accordance with the rules, be done by or to an 
agent of that person duly authorized in the prescribed manner. 
64. When an applicant for the registration of a trade 
mark or an agent does not reside or carry on business in 
Kenya, he shall give the Registrar an address for service in 
Kenya, and if he fails to do so the Registrar may refuse to 
proceed with the application until such address has been given. , 
65. (1) Where any person has registered or has applied 
for protection for any trade mark in any foreign state with 
the government of which the Government of Kenya,has made 
arrangements for mutual protection of trade marks, that 
person or his legal representative or assignee shall be entitled 
to registration of his {rade mark in priority to other applicants; 
and rthat registration shall have the same date as :the date of 
application for protection in the foreign state if the application 
for registration is made within six months from the date of 
the applica·tion for protection in rthe foreign state: 
Provided that nothing in this section shall entitle the 
proprietor of a trade n1ark to recover damages for infringe­
ments happening prior to the actual date on which his trade 
mark is registered in Kenya. 
(2) The registration of a trade mark shall not be invali­
dated by reason only of the use of the trade mark ·in Kenya 
during the period of six months. 
(3) The a ppIication for the registra tion of a trade mark 
under this section s:halI be made in the same manner as an 
ordinary application under this Act: 
Provided that any trade' mark the registration of which 
has been duly applied for in the country of origin may be 
registered under this Act. 'Trusts and 
equities. 
Recognition 
of agents. 
Address for 
service. 
International 
arrangements. 
11 of 1965. s. 7. Provisions as 
to public 
holidays. 
Transitional 
provisions and 
savings. IP/NI1 IKENffll 
Page 43 
(4) The provisions of this section shall apply only to those 
foreign states .to which the Attorney-General has by notice in 
the Gazette declared them to be applicable and so long only as 
the notice continues in force with respect ,to those states. 
(5) Where it is made to appear to the Minister that in any 
country of the Commonwealth satisfactory provision has been 
made for the protection of trade marks registered in Kenya, 
the Ministry may by notice in the Gazette apply the provisions 
of this section to that country with such variations or additions 
(if any) as may be stated in .the notice. 
66. Whenever the last day fixed by this Act, or by any 
rule for the time being in force, for leaving any document 
with or paying any fee to the Registrar falls on a Sunday or 
public holiday, the document may be left or the fee may be 
paid on the day next following the Sunday or public ~oliday. 
67. The transitional provisions and savings set out in 
tl1-e Third Schedule· shall have effect with respect to the 
matters therein mentioned respectively. 
FIRST SCHEDULE 
CERTIFICATION TRADE MARKS (s. 40) 
1. (1) An application for the registration of a mark under section 
40 shall be made to the Registrar in writing in the prescribed manner 
by the person proposed to be registered as the proprietor thereof. 
(2) The provisions of subsection (2) and of subsections (4) to (7) 
of section 20 shall have effect in relation to an applicartion under 
section 40 as they have effect in relation to an application under 
subsection (1) of section 20. 
(3) In dealing under the provisions of section 20 "vi th an applica­
tion under section 40, the CDurt or the Registrar shall have regard to 
the same considerations, so far as relevant, as if the application were 
an application under section 20 and to any other considerations 
relevant to applications under section 40, including the desirability of 
securing that a certification trade mark shall comprise some indication 
that it is such a trade mark. 
(4) An applicant for the registration of a mark under section 40 
shall transmi t to the Registrar draft regulations for governing the 
use thereof in accordance with subsection (7) of that section. 
(5) The Registrar shall consider the application with regard to 
the following matters-
(a) whether the applicant is competent to certify the goods In 
respect of which the mark is to be registered; 
Cb) whether the draft regulations are satisfactory; and 
Cc) whether in all the circumstances the registration applied for 
would be to the public advantage; 
and may eitber-
(i) refuse to accept the application; or IP/N/IIKENffll 
Page 44 
(ii) accept the 'application. and approve the regulations either 
without modification and unconditionally or subject to any 
conditions or Emitations, or to any amendments or modifi­
cations of the application or of the regulations. which he 
thinks requisite having regard to any of the foregoing matters; 
but, except in the case of a direction for acceptance and approval 
without modification and unconditional~. the Registrar shall not 
decide the matter without giving to the applicant an opportunity of 
being heard. 
2. (1) When an application has been accepted, the Registrar shall, 
as soon as may be after acceptance, cause the application as accepted 
to be advertised in the prescribed manner, and the provisions of 
subsections (2) to (11) of section 21 shall have effect in relation to 
the registration of the mark as if the application had been an applica­
tion under section 20 : 
Prvided that, in deciding u.qder the provisions of section 21, the 
Registrar shall have regard only ita the considerations referred to in 
subparagraph (3) of paragra.ph 1 of this Schedule, and a decision under 
those provisions in favour ,of the applicant shall be conditional on the 
determination in his favour by the Registrar under subparagraph (2) 
of this paragraph of any opposition relating to any of the matters 
referred to in subparagraph (5) of paragraph 1. 
(2) When notice of opposition is given relating to any of the 
matters referred to in subparagraph (5) of paragraph 1 of this Schedule, 
the Registrar shall, after bearing the parties, if so required. and con­
sidering any evidence, decide whether, and subject to what conditions 
or limitations, or amendments or modifications of the application or 
of tbe regulations, if any, registration is, baving regard to those matters, 
to be permitted. 
3. (1) The regulations deposited in respect of a certification trade 
mark may, on the application of the registered proprietor, be altered 
by the Registrar. 
(2) The Registrar may cause an application for his consent to be 
advertised in any case where it appears to him that it is expedient so 
to do, and where the Registrar causes an application to be advertised, 
if within the prescribed time from the date of the advertisement any 
person gives notice to the Registrar of opposition to the application, 
the Registrar shall not decide the matter without giving the parties an 
opportunity of being heard. 
4. (1) The court may, on the application in the prescribed manner 
of any person aggrieved, or un the application of tbe Registrar, make 
such order as it thinks fit for expunging or varying any entry in the 
register relating to a certification trade mark, or for varying the 
deposited regulations, on the ground-
(a) that the proprietor is no longer competent, in the case of any 
of the goods in respect of whiCh the trade mark is registered, 
to certify those goods; 
(b) that the proprietor has failed to observe a provision of the 
deposited regulations to be/observed on his part; 
(c) that it is no longer to the public advantage that the trade mark 
should be registered; or IPIN/lIKENffll 
Page 45 
(d) that it is requisite for the public advantag~; that, if the trade 
mark remains registered, the regulations should be varied; 
and the Registrar shall have no jurisdiction to make an order under 
section 35 on any of those grounds. 
(2) The Registrar shall rectify the register and the deposited 
regulations in such manner as may be requisite for giving effect to an 
order made under subparagrapb (1) of this paragraph. 
5. Notwithstanding anything in section 45, the Registrar shall 
not have any jurisdiction to a ward costs to or against any party 
on an appeal to him against a refusal of the proprietor of a certification 
trade mark to certify goods or to authorize the use of the trademark. 
6. A decision of the Registrar un'der the provisions' of this 
Schedule shall be subject to appeal to the court. 
7. The following provisions of this Act shall not have effect 
in relation to a certification trade mark~ that is to say, section 7, 
section 9, section 12, sections 20 and 2 I (except as expressly applied 
by this Schedule). subsections (4) to (8) of section 25, sections 29 to 
32, section 60 and any provisi.ons the operation of wbich is limited by 
'the terms thereof to r~gistration in Part B of the register. 
SECOND SCHEDULE 
Deleted by 11 of 1965, s. 9. 
THIRD SCHEDULE (s. 67) 
TRANSITIONAL PROVISIONS AND SAVINGS 
Assignments and transmissions (before appointed day) giving exclusive 
rights in different places in Kenya , 
1. The validity of an assignrpent or transmission of a trade 
mark effected or claimed to ha ve been effected before the appointed 
day, in any sllch case as is 'mentioned in subsection (6) of section 25, 
shall 'be determined as if the provisions contained in subsections (1) 
to (5) of that section had not been enacted. 
Saving as to retrospective provisions relating to assignments and 
{ ransmissions 
2. The retrospective provisions contained in section 25 shall 
have effect without prejudice to any determination of the court or 
the Registrar that was made before rthe appointed day, or to the 
determination of ,any appeal from a deter.mination so made, or to 
any title acquired for valuable consideration before the appointed 
day. 
A ss o.ci ar ion 0/ trade marks assignable or transmissible as a whole only 
3. \Vbere immediately before the appointed day a trade mark was 
registered in Part B of the register subject to a condition rendering 
it assignable or transmissible only as a whole ~ with another trade mark 
registered in the name of the same proprietor or with two or more 
other trade marks so registered, and not separately, the trade marks 
shall be deemed to be associated trade marks, and the entries in the 
register relating thereto may be amended accordingly_ IPIN/llKENfT/1 
Page 46 
Previous use of a trade nlark by person becoming registered llser all 
application· n1ade within on·e year of appointed day 
4. Where a person is registered as a registered user of a trade mark 
on an application made within one year from the appointed day. sub­
section (2) of section 31 shall have effect in relation to any previous 
use (whether before or afte.r the appointed day) of the -trade mark 
by that person, being use in relation to the goods in respect of which 
he is registered and, where he is registered subject to conditions or 
restrictions, being use such as to comply substantially therewith,. as if 
such previous use had been permitted use. 
Us£' 0/ trade mark for export trade be/ore appointed day 
5. Section 34 shall be deemed to have had effect in relation 
to an act done before the appoin.ted day as it has effect in relation 
to an aot done after the appointed day, without prejudice, ho-wever, 
to any determination of the court" or the Reg·istrar which was' ·made 
before the appointed day, or to the detennination' of any appeal 
from a determination so ·made. 
Savings in respect of the repealed Trade M arks Ordinance. 
6. (1) Nothing in this Act shall be ·taken to jnvalidate the 
original registration of a trade mark which immediately before the 
appointed day was validly on the register. 
(2) No trade mark which 'was upon the register on the appointed 
day and \vhich, having regard to any differences as between the 
provisions of this Act and the provisions of the Trade Marks Cap. 293 (1948). 
Ordinance (now repealed) whether as respects limitations which may 
be imposed on registration or as respects any other matter, was then 
a registrable trade mark under that Ordinance shall be removed from 
the register on the ground that it was not registrable under the 
Ordinance in force at the date of its registration. 
(3) Nothing in this Act shall subject any person to any liability 
in respect of any act or thing done before the appointed day to which 
he would not have been subject under the repealed Ordinance. 
(4) Nothing in this. Act shall affect any order, rule, regula­
tion or requirement made, table of fees or certificate issued, nc,tice, 
decision, determination, direction or approval given, application made, 
or thing done under the repealed Ordinance; and every such order, 
rule, regulation, requirement, table of fees, certificate, notice, decision, 
determination, direction, approval, application or thing shalI, if in 
force at the appointed· day, continue in force and shall, so· far as it 
could have been made, issued, given or done under this Act, 
have effect as if made, issued, given or done under the corresponding 
enactment of this Act. 
(5) Any document referring to any provision of the repealed 
Ordinance shall be construed as referring to the corresponding provi­
sion of this Act. 
• IPINI1 IKENffll 
Page 47 
SUBSIDIARY LEGISLATION 
Rules under sections 39 and 41 
THE TRADE MARKS RULES 
ARRANGEMENT OF RULES 
Rule' 
I-Short title. 
2-Interpretation. 
3-Fees. 
4-Forms. 'Preliminary 
Fees and Forms 
Classification of Goods 
S-Classification of goods. 
Reclassification of Goods of Old Registrations 
6-Appli6atT~n by registered proprietors for conversion of speci~ 
fication. 
7-Advertisement of proposal. 
8-Conversion of specifications. 
Documents 
9----':Size, etc., o'f documents. 
lO-Signature of documents by partnerships, companies and 
associations. 
I I-Service of documents. 
12-Address. 
13-Address for service. 
14-Agency. Address 
Agents 
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 pers?ns recently dead. 
19--Name or description of goods on· a trade mark. 
20-Preliminary advice by Registrar as to distinctiveness. [Subsidiary] IP/N/lIKENffll 
Page 48 
[Subsidiary] 
Rule Application for Registration of a Trade'Mark 
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 c'xceptional cases, 
28-Series of trade marks. 
29-Transliteration and translation. 
Procedure on Receipt of 1pplicqtion for. Registration 
of a Trade Mark 
30-Search. 
31-Registrar's powers on application. 
32-0bjection by Registrar. 
33-Conditions by Registrar', 
34-Decision of Regi~trar. 
35-Disclaimer. 
Defensive Trade Marks 
36-Application under section 30. 
Certification Traae Marks 
37-Application under section 40. 
38-Authorization to prqceed. 
39-Case; draft regulations. 
40-Regulations and application to be open to inspection'. 
41-Registrar's refusal. 
Advertiselnent 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-Reimbursement for advertisements. 
Opposition to Registration 
46-0pposition. 
47-Notice of opposition. 
48-Coun te r -sta temen t. 
49-Evidence in support of opposition. 
50-Evidence in support of applicati.on. 
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 u'nder section 40. 
Non-~omp/etion 
59-Non-completion of registration. IP/N/l/KENfT/l 
Page 49 
Rule 'Entry in the Register, and Associated Marks 
,60-En try in register. 
61-..:..Associated marks. 
62-Deatb of applicant before registration. 
63--Certificate of registra.tion. 
Rene»:al 
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-J oint application for entry of assignment. or transrpission. 
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.. 
7S-Separate registrations. 
79-Registrar's certificate ·or . approval as to certain assignments and 
transmissions. 
80--Registrar's directi0ns 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 .remove 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 Disclainzer, Memorandum or Note (Section 37 (1)) 
8S-Application under section 37 (1). 
86-Evidcnce. 
87 -Advertisement of certain applications. 
'S8-certificates of validity to be noted. 
Applications to A/ter Registered Trade Marks 
89-A.lteration of registered mark. 
9O-Advertisement before decision. 
91-Decision of Registrar. 
92-Advertisement illustration. [Subsidiary ] IP INIllKENff /1 
Page 50 
[Subsidiary] 
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. s.ers 
95-Application for entry of registered user. 
96-Entry and notification. 
97~Registered proprietor's application to vary entry. 
98-AppIication by registered proprietor or user to cancel entry. 
99-AppIication by any person to cancel entry. 
1 OD-N otification and hearing. 
1 DI-Registered user's application" to correct error or enter change. 
Extension 0/ Time 
lD2-Extension of time. 
" Discretionary Power 
103-Hearing. 
I04-AppIication for hearing. 
1 05-N otice of hearing. 
I 06-l'{ otification of decision. 
'Power to Dispense with Evidence 
107-Dispensing with evidence." 
Amendments 
lOS-Amendments of documents. 
Certificates 
1 D9-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 of.ficer taking declaratio·n. 
Search 
114-Searches. 
Textile Goods 
115-Textile goods. 
Metal Goods 
116-Metal goods. 
Appeals to the COUt! 
ll7-Appeal to court. 
Applications to and Orders of the COllrt 
118-Applications to court. 
119-Gr'der of court. 
12D-Publication of order of court. 
ScHEDULES. IP!NI llKENfT 11 
Page 51 
TII,E TRADE MARKS RULFS 
Preliminary 
1. These Rul~s may be cited as the Trade Marks Rules. 
2. In these Rules, except where the context otherwise requires­
"agent" means an advocate, and any person who before the 
appointed day was a Trade Mark Agent recognized by the Registrar; 
"the <?ffi~e -, 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 . , [Subsidiary ] 
L.N. 575/11956, 
L.IN.454/1959, 
LlN.44/1970, 
L.N.13·8/1971, 
L.IN. l~l/I975. 
Short title. 
In terpreta tion. 
3 .. The fees to be. paid .in relation to trade marks shall be those Fees. 
prescribed ~n .the First Schedule. 
4. The forms referred to herein are the forms c;ontained in the Forms. 
Fourth Schedule, and those forms shall be ·used in all cases to which 
tl;1ey are applic~ble 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 rthereunder, 
goods are classified in the manner appe'!.}'ing in the Second Schedule, 
unless any specification .has 'been ·converted to rthe. 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 there­
under, 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 
Schedu1e. 
Re-Classification of Goods of Old Registrations 
6. (1) Wher~ the specification of a registered trade ,nark is 
founded on the Second Schedule, the registered proprietor may apply 
to .the Registrar in Form TM 4~ 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 shaH include in ,the application a request 
for the same conversion of the specification of the goods of any 
registered ·~rs under that registration. 
(2) Thereupon .tJJe Registrar in accoqiance with subsection (3) of 
section 39 of the Act shall' n9iify' in ,. writing to the registered 
proprietor a proposal $owing .1h.e form w,hich, in the Registrar's vieW, 
the aJrlenqment of. th.eregister .~hould takt;. aassification of 
goods. 
Application by 
. registered pro­
prietors for 
conversion of 
speci.fi cation s. IP/N/lIKENfT/l 
Page 52 
[Subsidiary] 
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 accord­
ance 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 dupli­
cate showing how the proposed amendment would be contrary to 
subsection (2) of that section. 
(2) The Registrar shall forthwith send the duplicate copies to 
tbe registered proprietor who may, within onc month from the receipt 
of such duplicates, send to the Registrar a counter-statement setting 
out fully the grounds on which the opposition is contested and If he 
does so he shall deliver to the opponent a copy thereof. 
(3) The Registrar may thereupon require or admit evidence 
directed to the questions in issue, and if so desired by either party he 
shall, before deciding the matter, give the parties an opportunity of 
being heard thereon. 
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, lthe Registrar shaH make all ,the entries in the register 
necessary to give effect to the conversion' in accordance \vith the 
proposal as advertised, or the proposal as amended after opposition 
or appeal thereon and published subsequently in the Gazette, and shllI 
enter in the register the date \\~hen such entries were m::tdc. 
(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 jt had 'with regard to the registration 
before conversion. 
Documents 
9. Subject to any other directions that may be given by tbe 
Registrar, all applications, notices, counter-statements, papers baving 
representations affixed or other documents authorized or required by 
the Act or these Rules to be 'made, left or sent, a t or 10 the office or 
with or to the Registrar or the court, shall ·be on foolscap -pape-r of a 
size approximately 13 inches 'by 8 inches, and shall have on the left­
hand part 1hereof a margin of not less than 1 t inches. 
10. (1) A document purporting to be signed for or on behalf of a 
partnership shall contain the names of all the partners in full and 
shall be signed by all the partners or by any qualified partner stating 
that he signs on behalf of the partncr~hip, or by any other person who 
satisfies the Registrar that he is authorized to sign the document. 
(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. IP/N/lIKENffll 
Page 53 
(3) A document purporting to be signed for or on behalf of an 
association of persons may be signed by any person who appears to 
the Registar to be duly qualified. [Subsidiary ] 
11. (1) All applications, notices, statements, papers having repre- Service of 
sentations affixed or oth~r documents authorized or required by the documents. 
Act or these Rules to be made, left or sent, at or to !the 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. 
(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 \vould 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 Address. 
to furn.ish 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 ot the person 
whose addrcss is given. 
(2) The Registrar may require the address to include the name of 
the street and the plot number in the s~reet of the premises. 
13. (1) The Registrar may require an applicant, opponent or Address for 
agent, or a registered proprietor or registered user of a trade mark, service. 
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. 
(2) Any registered proprietor or registered user of a trade mark, 
or any person about to be registered as such, n1ay 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 TNl 32 under this rule shall be signed 
by the applicant for registration or the registered proprietor or regis­
tered user, as the case may be, or by an agent expressly authorized 
by, him for tbe purpose of such an application, unless in exceptional 
circumstances th~ Registrar otherwise allows. 
(4) In any case in whicb no address ior service is entered in the 
register, the Registrar may treat the traue or business address of the 
r'egistered 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) Tbe Registrar, at any time that a doubt arises as to the con­
tinued 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 ir \vithin three months of making such a request the 
Registrar receives no cOllilrn1ation of that address he may strike it off 
the register. IP/NIl/KENfTll 
Page 54 
[Subsidiary] 
Agency. 
Registrable 
trade marks. 
Flags, emblems, 
arms, etc. 
Cap. 99.-Agen~s 
14. (1) Except as otherwise required by" these Rules, any applica­
tion, request or notice which is required or pennitted by the Act 
or these Rules to be made or given to the Registrar or the court, and 
all other coi1)munications between an app1icant or a person making 
such a request or giving such a notice and the Registrar, or the co~rt. 
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. 
(2) Any such applicant. person 'making request or giving notice, 
proprietor or registered User may appoint "an agent to" act for him in 
any proceeding or m"atter before or affecting the Registrar or the court 
under the Act and rthese Rules ,by signing and sending "to' the 
Registrar or the court, as the cas~ may be, an authority to that effect 
in form TM 1 or in such other written fornl as the Registrar or the 
court may deem sufficient. 
(3) In case of such appointment, service upon the agent of any 
document relating to the proceeding or matter shall be deemed to be 
service upon the person so appointing him, all communications directed 
to be ,made to that person -in respect of the proceeding or matter may 
be addressed to the agent, and all attendances upon the Registrar 
relating thereto may be made by or ithrough the agent. 
(4) In any plrticular case the Registrar may require the "personal 
signature or presence of an applicant, opponent, proprietor, registered 
user or other person. 
Registrable Trade Marks and Preliminary Advice (Section 43) 
15. (1) The Registrar may refuse to accept any application for 
the registration of a mark upon which any of the following appear-
(a) the words "Patent", "Patented", "Registered", "Registered 
Design", "Copyright", "Entered at Stationer's Hall" or "To 
counterfeit this is a forgery", or words to similar effect; 
Cb) representations of the Head of State of any foreign ~~te, or 
any colourable imitation thereof; 
(c) the words "Red Cross", or "Geneva Cross", and representations 
of the Geneva and other crosses in red. or of the Swiss 
Federal cross in white on a red ground or silver on a red 
ground, or such representations in a similar colour' or colours. 
(2) \Vhcre there appears in a trade mark the registration of which 
is applied for a representation of a cross in any colour. not being one 
of rthose :mentioned in .subparagraph (c) of paragraph (1), the Registrar 
may -require the applicant as a condition of acceptance to undertake 
not to use the cross device on red, or in White on a red ground "or 
silver on a red ground, O!J in any similar colour or colours. 
16. Representations 1n any form 'Of any of the following, or any 
device so nearly resembling them as to be likely to lead tOmls"take, 
may not appear on trade marks the registration of which is 'applied 
fu~ .. 
(a) without. the written permission of the competent authority, 
any specified. em,bIem, .. specified likeness or speoified name 
within the meaning of section 2 of the National, Flag, 
Emblems and Names Act; JP /NI llKENff 11 
Page 55 
(b) without the written permISSIon of Ithe competent authority, 
any honour or award, or any title or abbreviation of a title 
thereof, created by the President; 
(c) any annorial bearing, insignia or flag of any foreign state or 
international jntergovernmental organization; 
(d) any honour or award, or any title or abbreviation of a title 
thereof, of any foreign state; 
(e) any title or abbreviation thereof of any international inter­
governmen tal .organization. 
17. Where a representation in any form of the annorial 'bearings, 
insignia, orders of chivalry, decorations or flags of any city, .borough, 
town, place, society, body corporate, institution or person appears on 
a mark, the Registrar, before proceeding to register the ,mark, may 
require ,to be furnished 'with a consent to the registration and use 
of those emblems from such official or other person as appears to 
the Registrar to be entitled to give consent, and {n default of that 
consent he may refuse to register the mark. 
18. Where the 'nan~e or representation of any person appears on 
a trade mark, the Registrar may require, before proceeding to 
register the mark to be furnished with consent from him or, in the 
case of a person recently dead. from his legal representatives, and in 
default of that consent he ·may refuse to register the mark. 
19. (1) Where the name or description of any goods appears on 
a trade mark, -the Registrar may refuse to register the mark in respect 
of any goods other than the goods so named or described. 
(2) Where the name or description of any goods appears on a 
trade mark, wbich 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 with-in 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 fDr 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 
m3.rk other than a certification or defensive trade mark tbe ap"Plication [Subsidiary ] 
Arms of city, 
etc. 
Living persons 
or persons 
recently dead. 
Namoor 
description of 
goods on a 
trade mark. 
Preliminary 
advice by 
Registrar as to 
distinctiver:.ess. 
Form of 
application. IPINI llKENff /I 
Page 56 
[S~bsidlary ] 
Represen ta tion 
of mark. 
AdditionaL 
forms and 
representations. 
Representations 
to be durable. 
Separate 
applications. 
Representations 
to be 
sa tisfactory. 
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. 
(2) Every application claiming priority under section 67 of the 
Act shall state the date of the application in the United King­
dom or foreign state, and the applicant shall furnish a certificate by 
the registrar or other registering authority of that country, or shall 
otherwise verify the application made or deemed to have been made 
therein to the satisfaction of the Registrar. 
(3) In the case of an application for registration in respect of all 
the goods inCluded in a class, or of a large variety of goods, the 
Registrar may refuse to accept the, application unless he is satisfied 
that the specification is justified by the use of the mark which the 
applicant h~s made, or intends to make if it is registered. 
22. (1) Every application for theTegistration of a trade mark shall 
contain a representation of the mark in the space provided oh the 
application form for that purpose. 
(2) Where the representation exceeds the space in size, the repre­
sentation shal1 be mounted upon lineD, tracing cloth or such other 
material as the Registrar nlay consider suitable~ part of the mounting 
shall be affixed -in the space and the rest may be folded. 
23. There shall be sent with every application for registration of 
a trade mark at least fOlJr additional representations of the mark 'in 
form TM 3 exactly corre~ponding to that affixed to the application 
form and noted with all such particulars as may from time to time 
be required by the Registrar; and those particulars' shall, if required, 
be signed by the applicant or his agent. 
24. All representations of marks shall be of a durable nature, but 
the applicant may in case of need supply, in place of representations 
in form TM J, representations on sheets of strong paper of the size 
prescribed in rule 9 and noted. 
25. Applications for the registration of the same mark in different 
classes shall be treated as ~eparate. and distinct applicati"ons, and in all 
cases where a trade mark is registered under the same official number 
for goods in more than one. class, whether on con version of the speGi­
fication under rule 6 or otherwise, the registration in respect of the 
goods ancluded in each separate class shaH be deemed to be a separate 
registrati,on for all the purpos.es of the Act. 
26. The Regi~trar, jf dissatisfied with aFlY representation of a mark, 
may at any time require another representation satisfactory to him to 
be 'submitted before proceeding with., the application. 
27. (1) Where a drawing or other representation or specimen 
cannot be given as prescribed in these Rules, a specimen or copy of 
the trade mark may be sent either of. ~u1l size or on a reduced scale, 
and in such form as the Registrar may think most convenient. 
(2) The 'Registrar may also, in exceptional' cases, deposit in the 
office a specimen or copy :of any trade mark which can'not con­
veniently be shown by a representation, and may refer thereto in the 
register in such manner,as he may ~hink fit.· IP/N/1 IKENfT /1 
Page 57 
28. Where application' is made for the registration of a series of 
trade marks under subsection (2) of sec,tion 24 of the Act, a repre­
sentation of each trade mark of the series shall be included, aIi as 
pres<.:ribed in these Rules, in' the application form, in the duplicate 
thereof (if any), and in each of the accompanying forms TM 3. 
29. (1) Where a trade mark contains a word or words in characters 
other than Roman, then> shall, unless the Registrar otherwise directs, 
be enc:iorsed on the application form, and on each of the .accompanying 
form's TM 3. a sufficient transliteration and translation to the satisfac­
tion of the Registrar of each of the words, and every such endorse­
ment shaH state the language to \vhich the word belongs and shall be 
signed by the applicant"or his agent. 
(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 wiith 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 Afark 
30. Upon re'ceipt of an application for the registration of trade 
mark in respect of any goods. the Registrar shall cause a search to be 
made amongst the registered marks and pending applications. for the 
purpose of ascert3.ining whether there are on record in respect of the 
same goods or description of goods any Inarks identical with the mark 
applied for, or which so nearly resemble it as to render the mark 
applied for likeJy to deceive or cause confusion, and the Registrar may 
cause the search to be renewed at any time before the acceptance of 
the application, but shall not be bound to do so. 
31. After a search, and consideration of the application, and 
of any evidence of use or of distinctiveness or of any other matter. 
which the applicant mayor may be required to furnish. the Registrar 
may accept the application absolutely, or he may object to it. or he 
n1ay express his willingness to' accept it subject to such conditions, 
amendments, disclaimer, modifications or limitations as he may think 
right to impose. 
J2. If the Registrar objects to the application. 'he shall inform the 
applicant of his objections in wriHng, 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) 1f the Registrar is willing to accept the application subject 
to any conditions, amendments. disclaimer, modifications or limita­
tions, 'he shall communicate his willingness t6 the applicant in writing, 
and, if the applicant objects to the conditions, amendments, dis­
claimer, 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.he shall 
~e deemed to have withdrawn his application. 
:: (2):If the applicClnt does not object -to the conditions, amend­
ments, disclaimer, modifications or limitations, he shall forthwith 
n6tify 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 
Registr3;. 
Conditions by 
Registrar. IP/N/IIKENffll 
Page 58 
(Subsidiary 1 
Dedsionof 
Registrar. 
Disclaimer. 
Application 
under 
section 30. 
·Application 
under 
JeCtion 40. 
Authorization 
to proceed. 
Cas'e; draft 
regula~ons. 34. (1) The decision of the Registrar, at a hearing_.under rule 32 
or rule 33, or without a hearing if the appliCant. has <;July com­
municated his' considered objections or considered 'feply, in writing, 
and has stated that he does not desire to be heard, shall be com­
municated to the applicant in writing, and If ·the applicant objects 
to the deci~ion he may within one mon.th, 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) r n a case where the Registrar makes any requirements to which 
the applicant does not object. the applicant shall comply therewith 
Ibefore 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. purpos~ of appe~1. 
35. The Registrar mly call on an applicant to ins~rt in his applica­
tion such disclaimer as the. Registrar may 1hink frt. in order that 
the 'public generally may understana what the applic~nt'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 ibe ·made, addressed an~. 
sen t to the Registrar in form TM 3 ~,. 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. 
(2) The applicant may send with this declaration, or su};>sequently, 
such other evidence as he may desire to furnish, whether after request 
made by the Registrar or otherwise. and the Registrar shq,ll consider 
the whole of the evidence before deciding on the application. 
(3) In all other respects, ~nd where they are appropriate and it 
is not otherwise stated, these Rules shaH apply to suc;b applications as 
they apply to applications for the registration of ordinary trade marks. 
Certificqtion Trade Marks' 
37. An applic"ation 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 representattions of the 
trade mark in form TM 3. 
. 38. These Rules shall apply ,to 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 applica~ 
tion or when required by the Registrar a case setting out the grounds 
on which he relics in support of his application together with dr~ft 
regulations for governing the use of the mark and form TM 33, all 
b.eing in duplicate. 
(2) The Registrar may communicate .to the applicant .any obser~ 
vations he may have to make on the sufficiency of the case or the 
·suitability of the draft regulations and the applicant n1ay modify either 
of those documents. IP/N/lIKENffll 
Page 59 
40. If the Registrar decides to accept the application the regula" 
tions for governing the use of the mark approved by the Registrar, as 
well as the form of appli~ation. shall be open to ,public inspection. ' 
41. I f the Registrar decides to refuse to accept the regulations or 
to accept the regulations subject to conditions, limit:ltions, amendrnents 
or modifications, he shall inform the ~pplicant of his objections in 
writing ,and shall, if required, hear the applicant. 
A dvertiselnent of A pplicatiol1 
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 dur1ing sucp times and in such 
manner as the Re~istrar may direct. 
(lA) Where an application for the 'registration of a trade mark 
which has ,been advertised under paragraph (1) is subsequently with" 
dra-wn by -the applicant, that .\vithdra'wal shall be advertised in the 
Gazette during such ti,mes and in such manner as the Registrar may 
, direct. 
(2) In the case of an application with which the Registrar proceeds 
only after the applicant has lodged the written consent to the proposed 
registration of the registered proprietor of another trade mark or 
another applicant, the words "By '"Consent" shall appear In the 
ad vertisemen t. 
(3) If no representation of the tra'de mark is included 1n the 
advertisemen t of the applicati{)n, the Registrar shall refer jn the 
advertisement to the place or places where a specimen or rcpresenta" 
tion of the trade mark is deposited for exhibition. 
43. For the purposes of an advertisement the applicant may at 
the appropriate time supply or be'required to supply a prrnting block 
(or more than one, if necessary) of the trade mark satisfactory to the 
Registrar, of sllch dimensions as may fronl time to time be approved 
or directed by the Registtar. or shall supply such information or 
other means of advertising the trade nlark as JTIay be required by the 
Registrar: and the Registrar, if dissatisfied with the printing block 
supplied by the applicant or his agent, may require a fresh block 
before proceeding \vith the advertisement, 
44. When an application relates to a series of trade marks differing 
from one another in respect of the particulars mentioned in subsection 
(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 "advertise­
ment of the application a statement of the manner in which the several 
trade marks differ from one another. 
45. Advertisements under subsection (J 0) of section 2'1 and suh­
sections (2) and (4) of section 38 of the Act shall nl11tatis mutandis 
be ~ade in the same manner as advertisements relating to an appli­
cation for registration. 
45A. The expenses,' costs and charges incurred by or on behalf 
of the Registrar in effecting any ('.dvertisement 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. [Subsidiary] 
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 
advertiser:nen ts. " IPlNlllKENff /1 
Page 60 
[Subsidiary ] 
Opposition. 
Notice of 
opposition. 
Counter­
statement. 
Evidence in 
support of 
opposition. 
Evidence in 
support of 
application. 
Evidence in 
reply by 
opponent. 
Further 
eriJencc. 
Abandonment of 
application or 
opposition. Opposition 10 Registration 
46. Any person nlay, within sixty days from the date of any 
advertisement in the Gazette of an application for registration of a 
trade mark, give notice in form Tl\1 6 to the Registrar of opposition 
to the .registration. 
47. (1) The notice shall include a statement of the grounds upon 
which the opponent objects to the registration. 
(2) I f registration' is opposed on the ground that the mark 
resembles marks already on the register, the num·hers of those trade 
marks and the numbers of the Gazettes in which they have been 
advertised shall be set out. 
(3) The notice shall be accompanied by a duplicate, which the 
Registrar shall forthwith send to the applicant. 
48. Within forty-L\vo 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 slIpporting his 
application. 
(2) The' applicant shall also set out what facts, if any, alleged in 
the notice of opposition he admits. 
(3) The counter-statement shall be accompanied by a duplicate. 
49. Upon receipt of . the counter-statement and duplicate the 
Registrar shall forthwith send the duplicate to the opponent, and 
within forty-two days from the receipt of the duplicate the opponent 
shall leave with the Registrar such evidence by way of statutory 
declaration as he n1ay desire to adduce in support of his opposition 
and shall deliver to the applicant copies thereof. 
50. If an opponent lea ves no evidence, be shall, unless the Regis­
trar otherwise directs, bc deemed to have abandoned his opposition, 
but, if he does leave evidence, then, \vithin forty-two days from the 
receipt of the copies of declarations, the applicant shall leave with the 
Registrar such evidence by way of statutory declaration as he desires 
to adduce in support of his application, and shall deliver to the 
opponent copies thereof. 
5 I. \Yithin one month from the receipt by the opponent of the 
copies' of the applican t's declarations the opponen t may leave \vith the 
Registrar evidence by statutory declaration in reply, and shall deliver 
to the applicant copies thereof; this evidence shall be confined to 
m?tters 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 th~ 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-sta temcn t or evidence in support within the times prescribed 
by rules 4t; to 52: th~ applicarion 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. IP/N/1IKENff/1 
Page 61 
[Subsidiary] 
53. (1) Where there are exhibits to declarations filed in an opposi- Exhibits. 
tion, 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 impres-
sions cannot conveniently b~ 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 otb~nviS'C directs. 
54. (1) Upon completion of the evidence, the Registrar shall give Hearing. 
notice to the parties of a date when he will hear the arguments in the· 
case. 
(2) An appointment shall be for ~ date at least fourteen days 
atter the date of the noti~e, unless the parties consent to a shorter 
notice. 
(3) Within seven days from the receipt of the notice any party 
who intends to appear shall so notify the Registrar in form TM 8. 
(4) A party who receives notice and \vho does not, within seven 
days from the receipt thereof, so notify the Registrar in form TM ~, 
may be treated as not desiring to be heard and the Registrar may act 
accordingly. 
55. Where in opposition proceedings any extension of time is 
granted 10 any party, the Registrar may thereafter, without giving 
that party a hearing, grant any reasonable extension of time 1:0 any 
other party in which to take any suhsequent steps. 
56. \Vhere a party giving notice of opposition or an applicant 
sending a counter-statement after receipt of a copy of such a notice 
neither resides nor carries on business in Kenya, the Registrar may 
require him to give security, in such form as the Registrar may deem 
sufficient, for the costs of the proceedings before the Registrar, for 
such amount as to the Registrar may seem fit, and at any stage in the 
opposition proceedings may require further security to be given at any 
time before his decision in the case, 
57. In the event of an opposition being uncontested by the appli­
cant, the Registrar in deciding whether costs should be awarded to 
the opponent shall consider whether proceedings might have been 
avoided if reasonable notice had been given by the opponent to the 
applicant before the notice of opposition was lodged. , 
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 subp3ragraph (1) of paragraph 2 of the First 
Schedule to the Act: and rules 47 to 57 shall apply 17111tatis mutandis 
to the proceedings thereon with substitution of fonn TM 37 for fornl 
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. Cl) \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 fornl 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 Extension of 
time. 
Security for 
costs. 
Costs in 
uncontested 
case. 
Opposition to 
application 
under 
section 40. 
Non-completion 
of 
registration. IP/N/l/KENffll 
Page 62 
[Subsidiary] 
Entry in 
register. 
Associated 
marks. 
Death of 
applicant beforo 
registration. 
Certificato 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 opposi­
tion and th~ 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 rtrade mark in the register. ' 
(2) The e~try of a trade mark in a register shall' give the date of 
registration, the goods in respect of whichdt is registered together with 
the particulars of the traqe, 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 registrati6n 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 the written consent to the 
proposed registration of the registered proprietor of another rtrade mark 
or another applicant for registration, rthe 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, al!d ~hall also note in the register in eonnexion 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 associa­
tion 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. 
62. 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 deter­
mination of any opposition to the application, may, on being satisfied 
of the applicant's death, enter in the regi.ter, in place of the name of 
ilie deceased applicant, the name, address and description of the 
person owning the trade mark, dn ownership being proved -to 
the satisfaction of the Registrar. 
63. 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 app~cant under rule 23. IP/N/l/KENff/l 
Page 63 
[Subsidiary ] 
Renewal 
64. (I) At any time not .more than three months before the ReneWal of 
expiration of the last registration of a trade mark, any person may :-egistration. 
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 registe'red proprietor, shall sign 
a statement on the form that he js directed by the registered proprietor 
to pay the fee (if such be the case) and shall give his address. 
(2) Before t'~king 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) commu~cate w.ith the registered proprietor stating that the 'fee 
has been received and that the registration ,will in due course 
be renewed. 
65. At a date not less than one month and not more than two 
months before the expiration of the last registra'tion 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. 
66. At a time not less than fourteen days and not -more than one 
month before the expiration· of the last registration of a mark, th~ 
Registrar may, if no renewal fee has been received, send a notice 
in writing to the registered pr'oprietor at his trade or business address 
as well as at his address for service, if any .. 
67. If at th~ date of the expi.ration 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 re.newal fee in form TM 10, together with an addi­
tional fee in Form TM 11, is received, he may renew the registration 
without removing the mark from the register. 
68. 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. 
69. 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. . 
70. Upon tb~ 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 transmis­
sion 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. Notice before 
removal of 
trade mark 
from register. 
Second notice. 
Ad vertiseme n t 
of 
non::paymen,t. 
Removal of 
trade mark 
from register. 
Restoration. 
Record of 
removal ot 
mark. 
Notice and 
advertisement 
of renewal and 
restoration. 
Joint applica­
tion for entry of 
assignment or 
transmission. IP/N/lIKENrr/l 
Page 64 
[~ubsidiarJ ] 
Application for 
entry o.f assign­
ment or trans­
mission by 
subsequent 
proprietor .-
Particulars to be 
stated in 
application. 
Ca~e 
accompanying 
application. 
Proof of title. 
Application for 
entry .of assign­
ment without 
~oodwill. 72. \Vhere 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. 
73. (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 instru­
ment, 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. 
74. 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 furnish­
.ing proof of his title, be shall, unless the Registrar otherwise dir,ects, 
either upon or with tpe application. state a case .setting forth the full 
particulars of the facts upon which his claim to be proprietor ,of the 
trade, mark is based, and showing that the trade mark has been assigned 
or transmitted to ,him; and if .the Registrar so requires, the case shall 
be verified by a statutory declaration in form TM 16. 
75. 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. 
76. (l) An application under rule '71 or rule 72 relating to an 
assignment on or after the appointed day C?f a trade mark in respect 
of any goods shall state-
(a) whether the trade mark was, at the time of the assignment, used 
i~ a business in any' of those goods; and 
Cb) 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 Registr'ar's directions to advertise the assign­
ment, 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 regist~red as the 
subsequent proprietor of a registered trade mark, upon application 
made under rule 71 or rule 72, shall ibe six months from the date 
'of advertisement in the Gazette of 1he registration of the trade 
n1ark: 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 
applioant for registration of title or the registered proprietor, as the 
case may ,be, at any time before or during the p'erioo for' whiCh the 
extension can be allowed. IP INlllKENff /1 
Page 65 
77. When the Registrar is satisfied as to the title of the person 
claiming to be registered, he shall cause him to be registered as 
proprietor of the trade mark in respect of the relevant goods, and 
shall enter in the register his name, trade or business address and 
description and particulars of the assignment or transmission. 
78. 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. 
79. (1) Any person who desires to obtain the Registrar's certificate 
under subsection (5), or his notification of approval under subsection 
(6), of section 25 of the Act shall send ·to the Registrar, with 
his application in form TM 39, 40 or 29, as the case may be, a state­
ment 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. 
e 4) 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. (1) An application to the Registrar under subsection (7) of 
section 25 of the Act shaH be made by the assignee in fonn 
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 as~igned therewith in accordance with sub­
~ection (3) of section 25. 
(3) The Registrar may call for any evidence or further informa­
tion, 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 notificatjon 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 {Subsidiary 1 
Entry in rcgbtcr. 
Separate 
registrations. 
Registrar's 
certificate of 
approval as to 
certain assign­
ments and 
transmissions. 
Registrar's 
direction~ for 
advertisement of 
assignment 
wilhout good, 
will of trade 
mark in use. IP/N/1/KENff /1 
Page 66 
[Subsidiary ] 
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 0/ Addre~s 
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 for~hwith .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 O"r 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 there\yith 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 appljcant and jf 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 tbe 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 l\1 32 ~hall 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 exc~ptiona1 circumstances the Registrar other­
wise allows. 
Applications to the Registrar for Rectification 
(Sections 29, 30, 35 and 36) 
82. (1) An applicatio·n 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 aCCOIn-· 
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. IP/N/lIKENfTll 
Page 67 
83. Upon application being made,. and copy thereof trans­
mitted to the r:egistered proprietor, if necessary, the provisions of rules 
48 :to 57 shall apply mutatis mutandis to 'th.e fU!"ther 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 directio.ns. 
84. (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 Regis'tra'r 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 under­
taking to pay such co'sts 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 Iby correc­
tion, change, cancellation or striking out goods, or for the entry of a 
discla'imer or memorandum, may be made by the registered proprietor 
of the trade mark or by such person as may satisfy the Registrar that 
he is entitled to act in the name of the registered proprietor. 
(2) Such applications shall be made in form TM 17, TM 19, 
TM 20, TM 21, TM 22, TM 23 or 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 cir~umstances 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, rthe Registrar 
may require such evidence by statutory declaration or otherwise as 
he ·may think fit as to the oircumstances in which the application is 
made. 
87 .. Where application is made in form TM 23 to enter a dis­
claimer 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 
wi,th regard to the validity of a registered trade mark, the regis­
tered proprietor thereof may request the Registrar in form T1-1 47 to 
add to the entry in the register a note tl;1at the, certificate of validity 
has been granted -in the course of the proceedings, which shall be 
named -in 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. IPlNlIIKENfTlI 
Page 68 
(Subsidiary] 
Alteration of 
registered mark. 
Ad vertisemcnt 
before decision. 
Decisiol) of 
Registrar. 
Advertisement 
·'Jiustration. 
Rectification of 
certification 
trade mark 
entries by the 
court. 
Alteration of 
regulations. 
Application for 
entry of 
registered user. Applications to A Iter Registered Tr 04Je Marks 
\ 89. 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 R~gistrar \vith four copies of the mark as it will a'ppear 
when so added to or altered. 
90. (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 there­
with 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 provi­
sions of rules 48 to 57 shall apply ,nutalis mutandis to ,the further 
proceedings thereon; and in any case of doubt any party may apply 
to the Registrar for directions. 
91. 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 unde,r rule 90 he shall advertise it 
in the Gazette, and in any case shall insert in the GazeNe a notification 
that the mark has been altered. 
92. 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 adver­
tising 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 D1atter. 
COllrt 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 M ark Regulations 
94. (1) An application by the registered proprietor of a certifica­
tion trade mark for an alteration of the deposited regulations shall be 
made in form TM 34. 
(2) \Vhere the Registrar causes such an application to be adver­
tised, the time within which any person may give notice to the Regis­
trar of opposition to the application shall be one month fr~m the date 
of the advertisement. 
Registered Users 
95. 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. IP/NIlIKENffll 
Page 69 
96. (l) The cntry 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 mClY 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 Gazettc. 
97. 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 regis­
tered user in question consents, by the written consent of that 
registered user. 
98. An application by the registered proprietor or any registered 
user of a trade mark for the cancellation of the registration of a regis­
tered user of that trade mark under paragraph (b) of subsection (8) of 
section 31 of the Act shall be n1ade in form TM 50, and shall 
be accompanied by a statement of the grounds on which it is made. 
99. 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. 
100. (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 pro­
ceedings shall, within one month of the receipt of the notification, 
give· notice to the Registrar in form TM 52 to that effect. and shaH 
send therewith a statement of the grounds of his intervention: and the 
Registrar shalI thereupon send copies of such notice and statement to 
the other parties, so that the intervention may be known to the appli­
cant. 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 giv.ing the parties an opportunity of being heard. may accept or 
refuse the application or accept it subject to any conditions. amend­
ments, 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, Tivf 19~ TM 20 or TM 32, 
as may be appropriate. by a registered user of a trade mark, or by 
such person as may satic;fy 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] 
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. 
'N otifica tion 
and hearing. 
Registered 
user's 
app'lication to 
correct error 
or enter change. IP/N/IIKENrr/l 
Page 70 
[Subsidiary] 
Extension of 
time. 
Hearing, 
Application for 
hearing. 
Notice of 
hearing. 
Notification 
of decision. 
Dispensing with 
evidence. 
Amendments of 
documents. (3) \Vhere some or all of the goods are struck out from those in 
respect of which a trade mark is registered, the Registrar shall at the 
same time strike them out from those specifications of registered users 
of the trade mark in which they are comprised. 
(4) The Registrar shall notify every cancellation or striking out 
under this rule to the registered users whose permitted use is affeaed 
thereby and the registered proprietor of the trade mark. 
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 aot or taking the proceeding. 
Discretionary Power 
103. Before exer~ising adversely to any person any discretionary 
power given to the Registrar -by the Act or these Rules, the Registrar 
shall, if so required, hear that person thereon. 
104. An application for a hearing shall be made within one month 
from the date of notification by the Registrar of any objection to an 
application or the date of any other indication that he proposes to 
exercise a discretionary power. 
105. (1) Upon receiving such application, the Registrar shall give 
the person applying fourteen days' notice of a time when he may b~ 
heard. 
(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 1he 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 th~ng, 
or to sign the document, or to make the declaration, or 1:hat 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, docwnent 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 IP/N/l IKENffl 1 
Page 71 
interests of any person may be corrected, if the Registrar thinks fit, 
and on such terms as he may direct. 
Certificates 
109. (1) The R~gistrar may give a certificate, other than a certifi­
cate under section 22 of Ithe Act, as to any entry, matter or thing 
which he is authorized or required :by ·the Act or these Rules to 
mak~ or do, upon receipt of a request there for in fonn 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 n~gistration abroad either in the colour in 
which it appears upon the register or in any other colour or colours. 
1 I I. (1) Where a certificate of registration of a trade mark is 
issued for use in obtaining registration abroad, the Registrar shall 
include in the certificate a copy of the mark, and may require the 
applicant for the certificate to furnish him with a copy of the mark 
suitable for the purpose, and if the applicant fails to do so may refuse 
to issue the certificate. 
(2) The Registrar may state in the certificate such particulars 
concerning the. registration of the mark as to him seem fit, and may 
omit therefrom reference to any disclaimers appearing in the register; 
but in the last-mentioned case the certificate shall be marked "For use 
in obtaining registration abroad only". 
Declarations 
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; 
Cb) 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. 
I 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. [Subsidiary] 
Certificates by 
Registrar. 
Marks registered 
without limita­
tion of colour. 
Certificates for 
use in obtaining 
registration 
abroad. 
Person before 
whom declara­
tion is to be 
taken. 
Presumption 
as to seal 
of officer taking 
declaration. IP/N/l/KENff/l 
Page 72 
[Subsidiary] 
Searches. 
Textile goods. 
Metal goods. 
Appeal to 
court. 
AppIic.ptions 
to court. 
Order of COUl 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 ~ny one class of the S~cond 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 
1 15. The classes to \\'hich paragraph 1 of the Sccot: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 COllrt 
117. When a person intends to appeal to the court, the appeal 
sh31l be made by motion in the usual way, and no sllch 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 
118. Every application to the court under the Act shall be 
served on the Registrar. 
119. (1) \Vhere an or"der 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 th(;m 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. JP /NI llKENff /1 
Page 73 
FIRST SCHEDULE 
FEES (r. J) 
The following fees shall be paid in respect of applications, regis­
trations and other matters under the Act; the· fees must, in all 
cases, be paid before or at the .time 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 cbe a mark separately registered. 
Matter or Proceeding 
1. On application not otherwise charged to register a trade 
mark for a specification of goods included in one class 
I a. On application to register a series of trade marks under 
section 24 (2) for a specification of goods included in one 
class 
I b. On application to register a defensive trade mark for a 
specification of goods included in one class .. 
I c. On application under section 40 to register a certification 
trade mark for a specification of goods included in onc class 
1 d. On application made at the same time under section 40 to 
register one certification trade mark for specification of 
goods not all included in onc class-
in respect of every class 
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 
3, On notice of opposition before the Registrar under section 
21 for each application opposed, by opponent 
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 .. 
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 .. 
3r. On notice of opposition before the court under paragraph 
2 (1) of the First Schedule for each application opposed, by 
the opponent 
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 
3e. On the hearing of each opposition before the court under 
paragraph 2 (I) of the First Schedule by applicant and by 
opponent respectively Amount 
Sh. 
60 
60 
60 
60 
30 
60 
50 
30 
60 
50 
30 
50 [Subsidiary } 
Corres­
ponding 
form 
TM2 
TM 2 
TM 31 
TM 5 
TM 5 
TM4 
TM 6 
TM 7 
TM·8 
TM 36 
TM 37 
TM 38 IP/NIl/KENff/l 
Page 74 
(Subsidiary ] 
FEES-(Contd.) 
Matter or Proceeding 
4. For one registration of a trade mark not otherwise charged 
for a specification of goods included in one class 
4a. For one ~egistration of a series of trade marks under section 
24 (2) for a specification of goods included in one cIass-
for the first ma'rk 
a~d 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 speci­
fications of goods not all included in one class-
in respect of every c1ass 
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 specifica­
tion 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 wi th 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 
6a. 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 specifica­
tions thereof and subject to the same conditions and re­
strictions 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 whic~ 
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 i5 registered. included in the application .. 
6f. On application under paragraph (c) of section 31 (8) to 
cancel the entry of n registered user of a single trade mark .. Amount 
Sh. 
50 
50 
5 
50 
50 
60 
5 
50 
50 
50 
5 
50 
50 
5 
50 
50 
5 
50 Corres­
ponding 
form 
TM9 
TM9 
TM9 
TM9 
TM9 
TM9 
TM 18 
TM48 
TM48 
TM49 
TM49 
TM 50 
TM 50 
TM 51 M after or Proceeding 
6g. On application under paragraph (c) of section 31 (8) to 
cancel the entries of a registered user of more than one trade 
m ark-
for the first mark 
and for every other mark of the same proprietor for 
which the same user is registered, included in the appli­
cation 
6h. 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 .. 
7. On request to enter in the register and advertise a certificate 
of validity under section 47 and rule 88-
for the first registration certified .. 
and for every other registration certified in the same 
certificate 
7a. 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 
Dot exceeding four months 
Dot exceeding six months .. 
8. On application for certificate of the Registrar under section 
25 (5) and rule 79-
for the first mark proposed to be assigned 
and for every other mark of the same proprieto~ in­
cluded in that assignment .. 
Ba. On application for approval of the Registrar under section 
25 (6) and rule 79-
for the first mark 
and for every other mark of the same proprietor in­
cluded in the same transfer 
8b. On application for directions by the Registrar for advertise-
ment of assignment of trade marks in use, without goodwill­
for one mark assigned 
and for every other mark assigned with the same 
devolution of title .. 
Sc. 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 .. 
not exceeding two months 
not exceeding three months 
9. 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 
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 .. Amount 
Sh. 
50 
5 
10 
20 
2 
20 
40 
60 
50 
5 
50 
5 
30 
5 
20 
40 
60 
40 
50 IP INlllKENff / I 
Page 75 
[Subsidiary] 
·Corres­
ponding 
form 
TM 51 
TM 52 
TM47 
TM 13 
TM 13 
TM 13 
TM 39 
TM40 
or 29 
TM 41 
TM 42 
TM 42 
TM 42 
TM 14 
or 15 
TM 14 
or J5 IP/NIlIKENfflI 
Page 76 
(Subsidiary] 
FEES-{Contd.) 
Matter or Proceeding 
jf made after expiration of twelve months from the date 
of acquisition of proprietorship or the coming into Amount 
Sh. 
force of these Rules . 60 
90. On application to register a subsequent proprietor of more 
than one trade mark standing in the same name, the de­
volution 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 40 
and for every other mark 5 
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 50 
and for every other mark 5 
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 60 
and for every other mark 5 
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 10 
lOa. On application to change the name or description of a pro­
prietor 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 ] 0 
and for every other mark of the series 5 
11. For renewal of a registration of a trade mark at expiration of 
last registration .. 100 
11 a. 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 100 
and for every other mark of the series 5 
] I b. For renewal of registrations of the same certification trade 
mark with the same date for goods in more than one cIass-
in respect of every class ] 00 
total fee in no case to exceed Sh. 1,000 for any number 
of classes. 
lIe. Additional fee under rule 67 30 
lId. Restoration fee under rule 68 .. 60 
12. On an application to the Registrar for leave to add to or alter I 
a single registered trade mark .. 50 
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 same--
for the first mark 50 Corres­
ponding 
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-{ C ontd.) 
}Y!atter or Proceeding 
and for every other mark 
12b. On notice of opposition to application for leave to add to or 
alter registered trade marks, for each application opposed . ~ 
13. 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 exen1pted from fee under 
rule 81)-
for the first entry 
and for every other entry .. . . . . . . . . 
14. For every entry in the regIster of a rectification thereof or an 
alteration therein, not otherwise charged 
15. 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 
16. On application under any of sections 29, 30, 35 and 36 for 
rectification of the regist~r or removal of trade mark from 
the register 
16a. 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 .. 
17. On request, not otherwise charged, for correction of clerical 
error or for permission to amend application . . . . 
18. On request by registered proprietor of a trad.e mark for'entry 
of disclaimer or memorandum in the register 
19. 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 
190. 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 
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 
20. On application by the registered proprietor under rule 6 for 
~onversion of specification 
200. On notice of opposition to a conversion of the specification 
or speclfications of a registered trade mark or registered 
trade mar ks- . 
for one mark 
for every other mark of the same proprietor having the 
same specification .. 
21. For a search under rule 114 in respect of one class-
without application for the Registrar's advice under 
rule 20 
with application for the Registrar's advice under rule 20 
22. On request for the Registrar's preliminary advice under rule Amount 
Sh. 
20 
50 
10 
2 
20 
10 
60 
40 
10 
10 
60 
30 
5 
10 
50 
5 
30 
40 IP/NIlIKENffll 
Page 77 
[Subsidiary ] 
Corres­
ponding 
form 
TM 45 
TM 17 
TM46 
TM 21 
or 22 
TM25 
TM 26 
TM 19 
TM23 
TM 35 
TM 34 
TM 43 
TM44 
TM27 
TM27 IP/N/lIKENffll 
Page 78 
"(Subsidiary ) 
FBEs-(Contd.) 
Matter or Proceeding 
20 for each trade Inark 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 regist.ration 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 pennission to search amongst the classified representa­
tions of trade marks, for every quarter of an hour .. 
27. For office copy of documents, for every 100 words (but never 
less than Sh. 5) .. 
28. For photographic copy of documents: cost according to 
agreement 
29. For certifymg office copies MS. ·or photographic or printed 
matter 
30. On filing a bill of costs for taxation, for every ten folios or 
part thereof 
31. On issue of a notice of taxation 
32. On application for service of a notice .of taxation together 
with a bill of costs 
. 33. On application for a certificate of taxation .. ·1 
Amount 
Sh. 
20 
'20 
30 
5 
1 
30 
5 
5 
1 
10 
20 
10 
10 
20 Corres­
ponding 
form 
TM28 
. TM30 
TM 30 
TM 32 
TM 30 IP INlllKENff 11 
Page 79 
SECOND SCHEQULE (rr. 5, 6 and 114) 
CLASSIFICATION OF GOODS 
Class 1 
Chemical substances used in manufactures, photography or philo­
sophical research and anti-corrosives. 
Class 2 
Chemical substances used for agricultural, horticultural, veterinary 
and sanitary purposes. 
Class 3 
Chemical substan~es prepared for use in medicine and pharmacy. 
Class 4 
Raw, or partly prepared, vegetable, animal and mineral substances 
used in manufactLires, not included in other classys. 
Class 5 
Unwrought and partly wrought metals used in manufacture. 
Class 6 
Machinery of all kinds, 'and parts of machinery, e~cept agricui­
tural and horticultural machit;les and their parts included in Class 7. 
Class 7 
Agricultural and horticultural machinery, and parts of such 
machinery. 
Class 8 
Philosophical instruments, scientific instrum~nts and apparatus for 
use~ul purposes; instruments and apparatus for teaching. 
Class 9 
Musical instruments., 
Class 10 
Horological instrum'ents. 
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 J IP/N/lIKENffll 
Page 80 
[Subsidiary ) 
CLASSIFICATION OF GooDs-(Contd.) 
Class 16 
Porcelain and earthenware. 
'Class'17 
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 10 other classes. 
Carriages. 
Ca) Cotton yarn. 
(b) Sewing cotton. 
Cotton piece goods. Class 22 
Class 23 
Class 24 
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. IP/NI 1 IKENffl 1 
Page 81 
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 or'~ ingredients in food. 
Class 43 
Fermented liquors and spirits. 
Class 44 
Mineral and aerated waters, natural and artificial, including ginger 
beer. [Subsidiary) JP INlllKENff /] 
Page 82 
[Subsidiary] 
CLASSIFlCATIO~ OF GOODs-o-(Contd.) 
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 lubri­
cating 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 
iliereoL 0 
(9) Packing and hose. 
(10) Other goods not" included in the foregoing classes~ IP/N/lIKEN/T/1 
Page 83 
THIRD SCHEOULE 
CLASSIFICATIQN OF GOODS 
Names 0/ the Classes (rr. 5, 6, 20, 21,114, 
115 and 116) 
(Parts 0/ Gli article or apparatus are, ill general, classified with the 
actual article or apparQfIIS, except where such parts constitute articles 
included ill other classes) 
1. Ch~mical products used in industry, science, photography, 
agriculture, horticulture, forestry; manures (natural and artificial); fire 
extinguishing compositions; tempering substances and chemical pre­
parations 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 substance~ for laundry use; 
cleaning, polishing, scouring and abrasive preparations; soaps; per­
fumery, 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, night­
lights 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 agri­
cultural implements; incubators. 
8. Hand tools and instruments; cutlery, forks and spoons; side 
arms. 
9. Scientific, nautical, surveyin~ and electrical apparatus and 
instruments (including wireless), photographic, cinematographic, 
optical, weighing, measuring. sIgnalling, chec.king (supervision), life­
saving and teaching apparatu~ and instruments; coin or counter-feed 
apparatus; talking machines, cash registers, calculating machines; fire­
extinguishing apparatus. [Subsidiary ] IPlNl1lKENfT 11 
Page 84 
(Subsidiary J 
10. Surgical, medical, dental and veterinary instruments and 
apparatus (including artificial limbs. eyes and teeth). 
11. Installations for lighting, heating, steam generating, cooking, 
refrigerating, drying, ventilating, water supply and sanitary purposes. 
12. Vehicles; apparatus for locomotion by land, air or water. 
13. Firearms; ammunition and projectiles; explosive substances; 
fireworks. 
14. 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 jnstr~ments. 
15. Musical instruments (other than talking machines and wireless 
apparatus). 
16. 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). 
17. Gutta-percha, indiarubber, balata and substit,utes, articles made 
fronl these substances and not included in other classes; materials for 
packing, stopping and insulating; asbestos, mica and their products; 
hose pipes (non-metallic). 
18. 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. 
19. Building materials, natural and artificial stone, cement, lime, 
mortar, plaster and gravel; pipes' of earthenware or cement; road­
making materials; asphalt pitch and bitumen; portable buildings; stone 
monuments; chimney pots. 
20. 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. 
21. Small domestic utensils and containers (not of precious metal, 
nor coated there~yith); combs and sponges; brushes (other than paint 
brushes); brush-making materials; instruments and material for clean­
ing -purposes; steelwooI; glassware, porcelain and earthenware not 
included in other classes. IP INl1lKENff 11 
Page 85 
22. Ropes, string. nets, tents, awnings, tarpaulins, sails, sacks; 
padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); 
raw fibrous textile materials. 
23. Y~rns, threads. 
24. Tissues (piece-goods); bed and table covers; textile articles not 
included in other classes. 
25. Clothing, including boots, shoes and slippers. 
26. 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 
fo.r covering floors; wall hangings (non-textile). 
28. Games and playthings; gymnastic and sporting articles (except 
clothing); ornaments and decorations for Christmas trees. 
29. M eat, 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. 
30. Coffee, tea. cocoa, sugar, rice, tapioca, sago, coffee substitutes; 
flour and pre·parations made from cereals; bread, biscuits, cakes, pastry 
and confectionery, ices; honey, treac1~; yeast, baking-powder; salt, 
mustard; pepper, vinegar, sauces; spices; ice. 
31. Agricultural, horticultural and forestry products and grains 
not included in other classes; living animals; fresh fruits and vege­
tables; seeds; live plants and flowers; foodstuffs for animals, malt. 
32. Beer, ale and porter; mineral' and aerated waters and other 
non-alcoholic drinks; syrups and other preparations for making 
beverages. 
33. Wines, spirits and liqueurs. 
34. Tobacco, raw or manufactured; smokers' articles: matches. 
NOTES-
(l) By virtue of paragraph 2 of the Second Schedule to the Act 
and rule 116 of these Rules, "metal goods" as there used means 
a!1 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 c1othin2. [Subsidiaryl IP/N/lIKENfT/l 
Page 86 
[Subsidiary1 
• The full name 
of all partners 
in a firm must 
be inserted. and 
the kind and 
COUiltr)' of in­
corporation of 
bodies corporate 
stated. 
Ca) Here state 
name and 
address of agent. 
(b) Here state 
the particular 
matter or pro­
c e e din g for 
which the agent 
is appointed giv­
ing 'the refer­
ence number if 
known. 
(c) Here state 
nationality. 
(d) To be 
signed by the 
per50n appoint­
ing the agent. 
k) Here insert 
[he full trade or 
business address 
of the person 
appointing the 
agent. FOURTH SCHEDULE 
FORMS 
Form TM I (r. 4) 
For stamp duty 
see Sche'dule to 
the Stamp Duiy 
Act. 
FORM OF AUTHORIZATION OF AGENT IN A MA1IER OR PROCEEDING 
UNDER TH!! ACT 
(Rule 14) 
*1 [We] 
have appointed (a, ...................... , .................... . 
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 this ................ day of ................ ,·19 ... . 
(d) ....................................................... . 
Address (e) ............................................•.•. 
(To be strllck Olll if the person appointing Ihe agent desires his 
own address 10 be treatcd liS the address for ~ervice after registrarion.) 
I [\Ve] also authorize the said Ca) ••...................•...... 
.................... 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 ... . 
(cl) ....•................................................ " 
Address (e) •........•......•.......•.........•...•...•.•... 
To: The Registrar of Trade r..1arks, 
p.a. Box 30031, 
Nairobi. • \Vrite distinctly here 
"A" or "8" according 
to the registration de­
sired .. 
One rcpresentation to 
be fixed within this 
space and four others 
to he sent on separate 
Forms TM 3. 
Reprc!)cnlations of a 
large sizc may be 
folded, but must then 
be mounted upon linen 
8r Olher suitable mate­
rial and affixed hereto. 
(a) Here specify the 
goods. Only goods in­
cluded in one and the 
same class should be 
specified. A separate 
application form is 
req uiredfor each class. Form T~1 2 IP/N/lIKENff/l 
Page 87 
[Subsidiary ] 
FEE I Sh.60 -
ApPLlCATIO~ FOR R.EGISTRATION OF TRADE MARK IN PART. 
OF THE REGISTER 
Application is hereby made for Registration in Part· 
of the Register of the accompanying Trade Mark in Class 
in respect of (a) ......................................••.. 
• ••• 0 ..................................... . 
(b) Here insert legibly in the name of (b) .........•.....................••••.••.. 
the full name, descrip-
tion and nation·ality 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 Cc) •.•.•••••••••••••••• • • •• 
Cull trade or business 
address of the applicant. . ••••••••....••.....••••••••.••..••..•••• _ •••••••••••••••••• IPINII/KENff/1 
Page 88 
[Subsidiary] 
(d) Here insert 
the trading style 
(if any). 
(e) If tbe mark 
is already in use 
strike out the 
words: ··pro-
posed to be" 
and insert 
"being". 
(f) For addl· 
tional matter if 
required; other­
wise to be left 
blank. 
(g) Signaturo. 
One rep re­
sentation of the 
trade mark to 
be affixed within 
this space. It 
must correspond 
exactly in all 
respects with the 
rep re sentation 
affixed to the 
application 
form. 
Any represent­
ation larger than 
the space pro­
vided 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 to be used and who claim[s] to be the 
proprietor[s] thereof. 
(I) ......................................................... . 
... --........................................................................... . 
. ........................................................................... . 
Dated this ................ day of ................. ] 9 ... . 
(g) ..................................•................. 
To: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. 
Form TM 3 
ADDITIONAL REPRESENTATION OF TRADE MARK. TO ACCOMPANY 
ApPLICATION FOR REGlSTRATIO;-..J 
Four of these Additional Representations of the Trade ,Mark must 
accompany each Form of Application. 
To: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. IP/N/1/KENff 11 
Page 89 
Form TM 4 FEE 
Sh.60 
REQUEST FOR STATEMENT OF GROU~DS OF DECISIO~ 
IN THE MA ITER OF (a) ..................................... . 
The Registrar is hereby requested to state in writing the grounds 
of his decision, dated the ..... " ....... day of ............ , 19 .. 0 0' 
and the materials used by him in arriving at the decision. 
Dated this ...... 00 ••• 0 • 0 •• day of .. 0 •• " ••• 0 ••••••• , 19 ... . 
(b) ................................. 0 •• 0 .00 
To: The Registrar of Trade Max:ks, 
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 Scho, Items 1 Co, 1 do 
ApPLICATIO:--.l FOR REGISTRATION OF CERTIFICATION TRADE MARK 
(Section 40) 
(To be filed in triplicate) [Subsidiary ] 
Ca) Here insert 
words and num­
ber identifying 
the matter or 
proceeding. 
( h) Signature. 
One represent­
ation to be fixed 
within this space 
and six others 
to be sent on 
separate form~ 
TM 3. 
Repre~entalions 
of a larger size 
may be folded. 
but must then 
be mounted 
upon linen or 
o the r ~uitahlc 
material and af· 
fixed hereto. IP/NI1 IKENffll 
Page 90 
(Subsidiary} 
(a) Here sped­
h the goods. 
Only goods in­
c1uded. in one 
and the same 
class should be 
specified. A sep­
arate application 
form is required 
for each class. 
(b) Here insert 
the . full name, 
dc::cription and 
nationality of 
the applicant. If 
the applicant- is 
a body corpor­
are. the kind 
and country of 
i n cor p oration 
should be stated. 
(c} Here insert 
the full address 
of the applicant. 
(d) Signature. 
(a) Here state 
full name and 
address. 
(b) "If registra­
tion is opposed 
on the grounds 
that the mark 
resembles marks 
already on the 
Register, the 
nu m b er s of 
those marks and 
of the Gazette 
in which they 
have been ad­
vertised 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 j, (c) ........................................... . 
Dated this ................ day of ............... ., 19 ... . 
(d) .............................. " ......... ". 
To: The Registrar of Trade Marks, 
P.O. Box 30031. 
Nairobi. 
Form TM 6 FEE 
She 50 
NOTICE OF OPPOSITION TO ApPLlCATIO~ FOR REGISTRATION OF A 
TRADE MARK 
(To be accompanied by an unstamped dilplicate) 
I~ THE MATTER OF an Application No ........................ . 
by ................ ,' ......................................... . 
of ........................................................... . 
I [We] (a) ......................••........•........••... , •..... 
hereby give notice of my [ourJ intention to oppose the Registration 
of the Trade Mark advertised under the above nu"mber 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. IP /N/llKENff 11 
Page 91 
Form T~1 7 FEE 
Sh. 30 
FORM OF COUNTER-STATEMENT 
(To be submitted ill 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: 
........................................... , ............ ~ ................ . 
...................................... et .... "" ...... " .... "" ... " ............ " .. " .... ·"" 
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. 
Form T~1 8 FEE 
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) 
(5) ....................... . may be amended by a conversion of 
the specification of goods. 
may be amended otherwise than by 
any change in the mark or of the 
specification on conversion. . [Subsidiary] 
(a) Signature: 
(a) Here insert 
I1Jme and ad-
dress. 
(b) Strike out 
words here that 
are not applic­
ahle. so as to 
~tale ONE of the 
cases (I) to (5) 
only. IP/N/1IKENfT 11 
Page 92 
(Subsidiary ] 
(c) .Signature. 
(d) Address. 
(a) Signature. which, by the Registrar's Notice to me [us] dated the ............. . 
day of ................ , 19 .... , is fixed for ........ a.m. or p.m. 
at the 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 ... . 
(c) ..............................•...•.••.• 
(d) ..... : .•.......................... • ..... 
To: The Registrar of Trade Marks, 
P.O. Box 30031, 
Nairobi. 
FEE 
Form TM 9 1 st Sch., items 4, 
4a. 4b. 4c, 4d, 
and 5 
FEE FOR REGISTRATION "OF A TRADE MARK 
(11 the Applicant has furnished a printing block "for advertist.>ment, 
this Form Inust be accompanied by one unmounted representation of 
the Mark. exactly as shown on the Fornl of Application.) 
The prescribed fee for the registration of the Trade ?\fark No . 
. . . . . . . . . . . . . . " .. in Class .................. is hereby transmitted. 
Dated this ................ day of . I ••••••• '.' ••••• , 19 ... . 
(a) ........................................ . 
To: The Registrar of Trade" M arks, 
p.a. 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 d~fault. Unless it is com­
pleted within fourteen days from this date the application will be 
treated as abandoned. 
Dated this ................ day of ................ t 19 ... . IP/N/1/KENfTll 
Page 93 
To 
The Office of the Registrar of Trade !\1 arks, 
P.O. Box 30031, 
Nairobi. 
[Back] 
Section 22 (3) [PoT.O. 
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 appJicant, the Registrar shall in form TM 9A give 
notice in writing to t"he applicant at his trade or business address of 
the non-completion. but if t~e applicant has authorized an agent for 
the purpose of the application he shaH instead send the notice to the 
agent and shaH 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. 
Form TM 10 FEE 
1st Sch., items 
11, lla, lIb 
RENEWAL OF REGISTRATION OF TRADE MARK 
I [We] (a). 0 • 0 •• 0 •••••••••• " •••• o. o •••••••••••••••••••••••• 
of .............. " ..... " .............................. : .... hereby 
leave the prescribed fee of Sh. . ..................... for Renewal. 
of Registration of the Trade Mark No ......... in Class ......... . 
(b) which I am directed by the proprietor of the Trade Mark, that is 
to say by (c) ..............•.........................•..••.•... , 
to pay. 
Dated this ................ day of ................ , 19 •••. 
(d) ........•...................... " ...... . 
(e) •.............................. I •••••••• 
To: The Registrar of Trade Marks, " p.a. 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.O. [Subsidiary ) 
(a) Insert here 
the name and 
address of the 
person lea ving 
the fee. 
(b) If the fee is 
left by the pro­
prietor" himself, 
this pas sag e 
:;hould be struck 
out. 
(c) If the fee 
is not left by the 
proprietor him­
self, insert his 
name and ad­
dress here. 
(d) Signature of 
the person leav­
ing the fee. 
(e) Address of 
the person sign­
ing. IP/N/lIKENffll 
Page 94 
[Subsidiary 1 
(j) I f the re­
quest is sign~ 
by the RegIs­
tered Proprietor 
strike out here 
the words "The 
Registered Pro-
prietor" and 
substitute the 
word "me". 
(g) Signature. [Back] 
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 M ark] 
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 ... . 
The Office of the Registrar of Trade Marks, 
P.O. Box 30031, 
Nairobi. Registrar .. 
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. IPlNlllKENffll 
Page 95 
Form TM 11 FEE 
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 M ark No. . .............. . 
in Class ....................... . 
Dated this ................ day of . . . . . . . . . . . . . . . . , 19 .... 
Ca) .••.•.••.•..•.......•.•................. 
(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. 
Form TM 12 FEE 
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) ........................................ . 
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. [Subsidiary] 
Ca) Signaturo 
(b) Address. 
(a)' Signature. 
(b) Address. IP/NI1/KENfTlI 
Page 96 
(SubsidiaryJ 
(a) Here insert 
the name and 
address of the 
applicant. 
(b) Here insert 
"two" or ufour" 
or "six". 
(c) Additional 
numbers may be 
given in a 
signed schedule 
on the back of 
the form. 
Cd) Signature. 
(a) Name and 
address of regis­
tered proprietor 
or' other assignor 
or transmitter. 
(b) Full name, 
trade address and nationality 
of transferee. 
(c) Name of 
transferee. 
(d) Description 
of transferee. 
(e) Trade or 
business address 
ot transferee. 
• Additional 
numbers may be 
given in a signed 
schedule on the 
back of the 
form. Form TM 13 FEE 
1st Sch., 
item 7a 
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) ....................•.•.... 
... " " " .. " " " " " " " " " " " " " . " " " " " " " .. " " " " " " " " " " "" " " " " " . " " " " " " " " " " . " . " " " 
" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " .. " " "" " " " " " " " " " " " " " " " " " " " " " 
" " " " " " " " " " ~ " " " " " " " " " • " " " " " " " " " " " " " " " " " " "Ill " " " " " " " " " " " " " " " " " " • " " " 
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 for<:e of one assignment, as proprietor of the following 
Trade Mark(s) registered upon applications[s] conforming to para­
graph (a) of section 32 (1); 
(c) Registration Number Class 
Dated this ................ day of ................. , 19 ... . 
(d) .................. ' .......•......•••.•.•. 
To: The Registrar of Trade Marks, 
P.D. Box 30031, 
Nairobi. 
Form TM 14 FEE 
1st Sch., items 
9,9a 
JOINT REQUEST TO THE REGISTRAR BY REGISTERED PIlOPRIETOR AND 
TRANSFEREE 10 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 IP /N/l/KENff 11 
Page 97 
(I) ..................... -by virtue of (g) •••• -.••.•...••.....•• 
...................................................... ............... . " ............ . 
(h) The trade mark at the time of the assignment was (/z) [not] used 
in a business in the goods in question, and the assignment took (h) 
[did not take] plat:~ on or after the appointed day otherwise than in 
connexion with thl.! goodwill of a business in the goods, (h) 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. 
Datet.l this __ . __ . . . . . . . . . .. day of ................• 19 •..• 
(i) ............................•.•...•....• 
(j) ................ -............•••....• ' .•• 
To: The Registrar of Trade Marks. 
P.O. Box 30031 
Nairobi. 
JVo(e.---·The instru'ment under which the Transferee claims should 
preferably accompany this form. 
Form TM 15 
[FEE 
1st 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 cnlert!d in the Register of 
Trade Marks as proprietor ...... o'f Trade Mark[s] No.[s] ...... * 
in Class ............. _ . _ .. as from the (b) ...................•.• 
I am, [We are] entitled to the Trade lvlark[s] by virtu~ of (c) 
.................... , ......................................... . ............................................................... 
(d) The'trade mark at the time of the assignment was (d) [not] used in 
a business in the goods in question. and the a~"ignment took (d) [did 
.not takc] place on or after the appointed day otherwise than in con­
nexion with the goodwill of a business in the goods. (d) and the"rc is 
sent hercwith a copy of the Registrar's direction to advertise the assign­
ment, 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 3003 I. 
Nairobi. 
Note.-The instrument under which the Transferee claims should 
preferably accompany this form. [Subsidjary ] 
cf) D a t c of acquisi­
tion of propri­
elorship . 
(g) Full parti-
culars of the 
instrument of 
as~ignmenl or 
tran!\mission, if 
any, Oj st~le· 
ment of ca~e. 
( h) S t ri k t! (J ~!t 
any words not 
applicable. (See 
rull! 76.) 
(f) Signature of 
ass i g nor or 
tran:~miller. 
(j) Signature of 
lran~f erce. 
(a) Here insert 
full name, trade 
or business ad­
dress, nationality 
and description. 
• Additional 
numbers may he 
given in a signed 
~ch(;'dulc on the 
b~ICk of the 
form . 
(!» D ate of 
~cquisition of 
proprietorship. 
(c) Here insert 
filII paniculJr.; 
of the instrument 
of assignment or 
transmission. if 
any, or state· 
ment of case. 
(d) Strike out 
any words not 
app.licnble. (See 
rule. 76.) 
(c) Signature. IPINI1 IKENfflI 
Page 98 
(Subsidiary) 
(a) To be signed 
by the person 
making the de­
claration. 
(b) Signature 
and title of 
authority before 
whom declara­
tion is made. Form TM ]6 
DECLARATION (ONLY TO BE FURNISHED \VHEN REQUESTF.D BY THE 
REGISTRAR) IN SUPPORT OF STATEMENT OF CASE ACCOMPANYING" 
FORM Ttvl 14 OR T~l·15 
I, ......................................................... , 
of ........................................................... . 
do solmenly and sincerely declare as follows: . 
The particulars set out in the Statement of Case, exhihit marked 
................ and left by me in connex ion 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 beIievTng--ffie same to be 
true and according to the Oaths and Statutory Declarations Act. 
Declared at ........................ } ........ ' .......... (a) 
this ........ day of ............ , 19 ... . 
Before me, 
(b) ..................................•..... 
To: Th.e Registrar of Trade Marks, 
P.O. Box 30031, 
Nairobi. IP/N/lIKENffll 
Page 99 
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)· . r. of the Trade fvfark[s] nu~bered as 
User[s] 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 Re.gistered 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 i~ 
made, and a certificate of the alteration given by ·the named authority 
supplied, the Registrar, jf satisfied as to the facts of the .case, will not 
require form TM 17 to be fee paid. (See rule 81.) 
(For Ilse only in case of an address changed by a public authority, 
without change 0/ premises) 
The change of address. for the entry of which application is made 
above, was ordered by (a) ..................................... . 
on the .......... day of ...................... ,19 ... . 
(b) •......................................• 
To: The Registrar of Trade M arks, 
P.O. Box'3f\031, 
Nairobi. [Subsidiary ] 
• Additional 
numbers may be 
given in a signed 
schedule on the 
back of the 
form. 
(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. IPlNlllKENffll 
Page 100 
lSui;sl<lJary] 
Ca) Signature. 
(a) Here insert 
words and refer­
ence nu m b c r 
identifying the 
entry or applica­
tion. 
(b) Signature. Form TM 18 I--fu/ 
f_ S~~I 
AprLlCATIO~ TO THF. REGISTRAR l:~DER SEC nON 26 (5) A~D RULE 61 
TO DISSOLVE THE ASSOCIAT10~ BET\\'ElN A REGISTERED 'rRADE .~1ARK 
AND (AN) OTHER REGISTERED TRADE tvl ARK(S) 
(To be 'accompanied by ({ Slatcnlent 0/ Case) 
IN THE MATTER OF a Trade l\1ark No ........................ . 
registered in Class ............................................. . 
I [We] ................................................... . 
the Registered Proprietor[s] of the above-numbered Trade ~1ark, 
hereby apply that the association of this Trade M ark with the follow­
ing Trade Mark[s] registered in my [our] naml! : 
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 tvl arks, 
p.a. Box 30031, 
Nairobi. 
Form TM 19 FEE 
Sh. 10 
REQUEST FOR CORRECTION OF CLERICAL ERROR; OR FOR PERMISSION '10 
AMEND ApPLICATION 
IN THE MA 1TER OF Ca) ...•..••.••.•••••••••••••••••••••••••• 
I ['We], being the .................................... ~ ......... . 
hereby request that ........................................... . 
.................................................................................................... 
.. .......................................................................................................................... .. 
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 11 .................................................................................... .. 
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. . .. .. .. .. ...... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. 
.. .. . .. .. .. .. .. .. .. .. .. . . .. .. .. . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . .. .. .. .... .. .. .. .. .. . . .. .. .. . .. .. .. .. .. .. .. .. .. . .. 
.. . .. .. .. . .. .. . . . . . .. " .. " .... " " " " " " " ......... " .. " ............... " " .. " " .... " ........................ . 
"" ..... """ .. """ .. " .. " ...... .; .. ,, .. ,,",, .............................................................. . 
.. . .. " " ... " " " .... " .. " .. " .. " " ........ " " " ..... " " ........ " ............................................... .. 
Dated this ................ day of ................ , 19 ... . 
(b) ....................................... . 
To: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. IPINlllKENffll 
Page 101 
Form TM 20 FEE 
1st Sch., items 
J 0, lOa 
REQUEST TO. ENTER CHANGE OF NAME OR DESCRIPTION OF REGISTERED 
PROPRIETOR (OR REGISTERED USER) OF TRADE MARK UPON 
THE REGISTER 
I [We] (a) ................ ~ .............................. . 
...................... I ............................... ................................................... .. 
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 f\1ark[s] 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 actu.a) proprietorship [or the 
identity of the registered user[s]] of the said [rade Mark, but (c) 
The entry at present standing in the Register gives my [our] 
namc[s] anq description[s] all as follows: 
.............................................................................................................. 
....... ................................................................. ....... ,. .. " ....................... .. 
Dated this ................ day of ....... , ......... , 19 ... . 
(d) ...... , .......................•..•....•. 
fo: The Registrar of Trade f\.1arks. 
P.O. Box 30031. 
Nairobi. [Subsidiary ] 
la) Here Insert 
present name, 
address, and 
description of 
registered pro-
prietor or· regis­
tered user. 
(b) Additional 
n urn bers may be 
.siven on a 
signed schedule 
on the back of 
the form. 
(c) Here. state 
the c ire u m -
stances u n d e r 
which the change 
of name took 
place. 
(d) Signature. IP/N/1IKENfTll 
Page 102 
rSubsidiary J 
ta) Here insert 
(he trade or 
business address 
and description 
of the appli­
cant(s) 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 ...... 0 00. 00. 0 0 0 ••••••• 0 •• 0 •• 0000 •• 0 •••••• 0 ••••• 0.0 •••••• 0 
Name of Registered Proprietor ...... 0 •••••••••••• 0 •••• 0 •• 0 •••••• 
Trade or business address 0 0 ••• 0 0 •••• 0 •••••••••••••••••• 0 0 •••••• 
Description 
Application is hereby made by ................ 0 ••••• 0 0 • 0 •••• 0 ••• 
of (a) ...•.•• 0 0 0 0 0 0 0 0 0 0 •• 0 0 ••• 0 •• 0 • 0 ••••• 0 •• 0 ••• 00 o ••••• [or ·by 
•••••••••••• 0 • 0 •• 0 a member of the Firm of 0 0 •• 0 ••• 0 ••• 00 •• 0 • 
o ••••••••• 0 0 •• 0 0 •••• 0 •••••• 0 of (a) o. 0 •••• 0 0 0 • 0 • 0 • 0 ••• 0 •••••• 0 0 
on behalf of my said Firm] ... 0 • 0 •••• ',' • 0 0 •••• 0 0 0 •••• 0 • 0 0 •••••• 
. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . .. . . . . . . .. ... . .. .. . .. .. .. . .. .. . .. .. ~ ......... . 
-that the entry in the Register of Trade Marks of the Trade Mark 
No. in Class ............... ' ...... 0 0 0 
may be cancelled. 
Dated this .. 0 ••••••••••••• day of ...... 00 •••••••• , 19 .. 0 0 
(b) 0 0 0 0 0 0 0 0 0 0 • 0 0 • 0 ••• o ••• 00 •••• 0 ••• 0 • 0 •• 0 •• 
To: The Registrar of Trade Marks. 
P.O. Box 30031. 
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. IP/NI 1 IKENfTl 1 
Page 103 
Form TM 22 FEE 
Sb~ 10 
ApPLICATrO:-.l BY REGISTERED PROPRIETOR OF TRADE MARK TO THE 
REGISTRAR TO STRIKE OUT GOODS FROM THOSE FOR WHICH 
1 HE 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] ..................................... . [SubsldJary ] 
(a) Here insert 
the trade or 
business address 
and description 
of the appli­
cant(s) or ills 
(their) firm . 
for the striking out of (b) .................................•.... (b) Here d~sig 
nate the good~ 
from the goods for which the Trade Mark No. .................... to be struck out. 
is registered in Class ............................. . 
Dated this ....•........... day of ................ , 19 ... . 
(c) ......................................•. 
To: The Registrar of Trade Marks, 
P.O. Box 30031, 
Nairobi. 
Note.-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 circum­
stances ·thi! Registrar otherwise allows. Cc) Si~nature. IPINl1lKENff/l 
Page 104 
(Subsidiary) 
(a) Here insert 
the name, trade 
or business ad­
drc~$ and des­
cription of the 
regi~tered pro­
prietor. 
(b) Signature. 
(a) Here insert 
n;lmc, trade or 
business address 
and description. 
(b) Here fill in 
full particulars. 
(c) Signature. 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 
M ark No. . ................. in 'Class .................... of the 
following ..................................................... . 
........................................ ........ f··.········· .. . 
Dated this ......... :...... day of ................. J 9 ... . 
fb) ....................................... . 
To: The Registrar of Trade M arks. 
P.O. Box 30031. 
Nairobi. 
Form Tt,,1 24 FEE 
1st Sch .. items 
12. J ~(/ 
ApPLJC"TJO~ BY REGISTERED PROPRIETOR UNDER Sr:CTIO~ 38 FOR :\~ 
ADDITION TO OR AL"ER:\TIO~ or .J... REGISTERED TR.J...DE MARK 
(Rules 89 to Y2) 
IN THE M.J.,.TTFR OF the Trade !\,1ark No ..................... . 
in Class ..................................................... . 
Application is hereby made by (a) ...............•.......... 
.............................. of. ............. . ......... . 
. ................................................... , being tht! 
Registered Proprietor[s] of the registered Trade Mark numbered as 
above, that the Registrar shaH add to' it or alter it in the following 
particulars. that is to SlY (b) ................. . ................ . 
Four copies of the mark as it will appt!ar wben so altered arc 
filed herewith. 
Dated this ................ day at ................ , 19 ... . 
(c) .............. ,., .... , .............. , •. 
To: The Registrar of Trade ~1arks, 
P.O. Box 30031, 
Nairobi. IP/N/lIKENITIl 
Page 105 
porm Tt,,1 25 FEE 
Sh.60 
ApPLlCATIO~-J 10 THE REGIS I RAf{ FOR THE RECTIFIC,,'lION OF llIE 
REGISTER OR THE REMOVAL OF " TRADE l\1ARK FROM TilE 
REGIS1ER 
(To h(' accompalli('r/ hy a copy alld a S(atcfl1cnt 0/ Casc in duplicate) 
I:-..r THE M.\'JlER OF the Trade ~1ark No ...................... . 
registered in the name of ..................................... . 
in Class ....................................... '.' ............ . {Subsidiary ] 
I [We] (a) ...................................... ,......... (a) Here state 
'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 
manner ..................... : ......................... : ....... . 
The grounds ~.\f 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) ......................•.•............... 
To: The Registrar of-Trade Marks. 
P.D. Box 30031, 
Nairobi. full name and 
address. 
(b) Strike out 
the word(s) not 
~pplic3hJe. 
(c) Signaturt IP/N/l/KENff/l 
Page 106 
[Subsidiary] 
Ca) Here state 
full name and 
address. 
(b) Signature. Form TM 26 FEE 
Sh.40 
APPLJC.~TlON TO THE REGISTRAR FOR LEAVE 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 ...................... 0 ... 0 
registered in the name of ................. " ..... 0 ....... 0 0 0 • 0 • o •••• 
in Class ...... 0 0 ••••••••••••••• 0 •••••• 
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 0 ••••••••••••••• , 19 ... . 
(b) .. 0 •••••••••• 0 ••• 0 ..................... . 
To: The Registrar of Trad~ Marks. 
p.a. Box 3003 J • 
Nairobi. IP /NI llKENff 11 
Page 107 
Form TM FEE 
Sh.30 
(Request J only) 
Sh.40 
(Both Requests) I 
I-REQUEST FOR SEARCH UNDER RULE 114 
The Registrar is hereby requested under rule 114 to sea (ch in 
Class (a) .................. in respect of (b) .................. . 
... .' .................... to ascertain whether any Trade Marks are 
on r~cord which resemble the Trade Mark sent herewith in duplicate 
(each representation being mounted on a half-sheet of foolscap). 
Dated this ................ day of ................ , 19 ... . 
Cc) •.••...••..••..•.•..•...•..•....•.•....• 
(d) ........................................ . 
II-REQUEST FOR REGISTRAR'S PRELlMIN.4.RY ADVICE AS TO 
DISTINCTIVENESS OR CAPABILITY OF DISTINGUISHING. 
OY A PERSON PROPOSIl':G 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 or'Part B of the Register. 
Dated tbis day of ................. 19 ... . 
(f) ........................................ . 
To: The Registrar of Trade Marks, 
P.O. Box 30031. 
Nairobi. 
:"ote.-Request I must be completed in all case~, [Subsidiary ] 
(a) The Regist­
rar's direction 
should be ob-
tained if [he 
cIa s s is not 
known. 
(b) Here speci­
fy the goods (in 
the class stated) 
in respect of 
which the search 
is to be made. 
(c) Signature 
(d) Address 
(e) Here state 
name and ad­
dress in full. 
(j) Signature. IPINlllKENff /1 
Page 108 
[Subs:diacJ l 
Ca) Here stale 
name and ad­
dress in full. 
(/J) To he sent 
in duplicate. 
Cc) Here speci­
fy the goods. 
O:lly goods in­
dudcJ in one 
and the ~ame 
class should be 
specified. A sep­
arate form of 
request is re­
quired for each 
class. 
(c[1 Here insert 
the number of 
the class (if 
known). In the 
ta~c of doubt 
I he ~ Registrar's 
direction may be 
ohtained. 
(e) Signature. Form Ttyl 28 1---· FEE I 
LSh.20 I 
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 Rul~ 20) 
I [\Ve] (a) 
hereby request the Registrar to advise me [us] whether the Trade 
l\1ark shown on the accompanying foolscap sheet (b) appears to him 
prima facie to be inherently adap'teu to distinguish or inherently 
capable of distinguishing my [our] gocds 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 
lration of the said Trade M ark are (c) ........................... . 
in Class (d) ........................ ' ........................... . 
Dated this day of ............... '., 19 ... . 
(e) •...•.......................... 
To: The Registrar of Trade M arks, 
p.a. Box 30031 t 
Nairobi. 
Note.-If and when an application is made to register the trade 
mark, objection may arise jf 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). IPINI1lKENfT /I 
Form Tfvf 29 !---PE;--·--····_· 
1st Sch., item 
Ba 
ApPLICATION FOR THE ApPROVAL BY THE REGISTRAR UNDER PARA­
GRAPH 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 accompa1lied by a Statement 0/ Case in duplicate and a Copy 
0/ the Instrument effecting the Assigrllnent or Transmission) 
IN THE MATTER OF Trade Mark[s] No.[s] ..................... . 
registered in the nam~ of ..................................... " .. 
in Class ......................... ~ ........................•... 
Application is hereby made by (a) ........................•. 
of ........................................................... . 
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) ......................... . 
of ............................................................ , 
who was his predecessor in title,] in respect of the following goods, 
namely ....................................................... . 
by or from (e) ............................................... . 
of ........................................................... . 
who was the registered proprietor of the said Trade M ark, in circum­
stances that arc stated fully in the accompanying Statement of Case, 
for the approval by the Registrar of the aforesaid (c) assignment 
[transmission]. 
Dated this ................ day ~f ................ , 19 ... . 
(f) ..•.......................••..•.....•..• 
To: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. Page 109 
rSubsidiary 1 
(a) I nsert here 
the name and 
trade or business 
address of the 
transferee who 
claims. 
(b) Insert here 
the date which 
m us t precede 
the appointed 
day. 
(c) Strike out 
the words that 
are not applic-
able. . 
(d) Insert here 
the name' and 
trade or busi­
ness address of 
the predecessor 
in title, jf any. 
(e) Insert here 
the name and 
trade or 'busi­
ness address of 
the regjstered 
proprietor who 
ass i.g n e d or 
transmitted. 
(J) Signature. IP/NI 1 IKENfTl 1 
Page 110 
(Subsidiary] 
•...•• These 
words may . be 
varied to suit 
other cases. 
(a) Here set out 
the particulan 
which the Regis­
trar is required 
to certify. 
(b) Strike out 
words that are 
not applicable. 
(c) Signature. 
(cl) Addrcu. Form T~1 30 FEE 
1st Sch., items 
23, 23a 
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] ........................ pf ....................... . 
hereby request the Registrar to furnish me [us] with (b) his Certificate 
that Ca) ......................................................... . 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . ... . . . . . . . . 
(b) a Certificate. of Registration of the Trade Mark (b) for use in 
obtaining registration abrOad. 
Dated this day of ................• 19 .... 
(c) ...•...••...............•....•........•. 
(d) ...................................... • . 
To: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. 
Rule11l. (1) Where a certificate of registration ofa trade lnark 
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 registe.r; 
but in the last-mentioned case the certificate shall be marked "For use 
in obtaining registration abroad only". IP!N1l fKENff /1 
Page III 
Form TM 31 FEE 
Sh.60 
ApPLICATION UNDER SECTION 30 AND RULE 36 FOR REGlSTRATIO~ OF AN 
INVENTED WORD (OR WORDS) IN PART* OF THE REGISTER 
AS A D~FENSIVE TRADE MARK 
One represent­
ation to tle fixed 
within this 
space. and four 
others to be 
sent on separate 
forms TM3. 
Application is hereby made fpr Registraqon in· P~rt· of the-
-Register of the above word[s] as a Defensive Trade Mark in Class 
· ... -. . . . . . .. in respect of (a) ........ _.....--...... ~ .•.•..........•••.• 
• " " ......-.r-w-••. " " " " • " " " " " " " " " " " " " " " " " " " " " " " " " " """ " " " " " " " " " " " " " " " " " " " " " 
· . -----.................................... " .................... . 
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 
[his 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. (Subsiruary J 
• Write distinct­
ly here HA" or 
"S" according 
to the registra­
tion desired. 
(a) Here speci­
fy the goods. 
Only goods in­
cl uded in one 
and the same 
class should be 
specified. 
(b) Here insert 
legibly the full 
name. description 
and nationality 
of the individual, 
firm or body 
corporate mak­
ing the applica­
tion. The names 
of all partners 
mu~t be given in 
full. If the appli­
cant is a body 
corporate, tho 
kind and coun­
try of ongm 
should be stated. 
(c) Here insert 
the full trade or 
husiness address 
of the applicant. 
(d) Here insert 
the trading stylo 
(if any). 
r e) Here insert 
particulars of 
the a pplican fs 
registration of 
the trade mark. 
(f) To be fur­
nished· in dupli­
cate. 
(g) Signatw"e. IP/N/lIKENff/l 
Page 112 
[Subsidiary] 
(a) Here insert 
[he full name 
and trade or 
husiness address 
of the person 
making the re· 
quest. 
(b) Additional 
numbers may be 
given in a signed 
schedule on the 
back of the 
form. 
(c) State here 
the precise entry 
or changed entry 
desired. 
(d) Signature. 
(a) Here insert 
the name of the 
public authority 
ordering the 
change and the 
date thereof. 
(b) Signature 
of the registered 
proprietor or 
registered user 
as the case may 
be. Form T!vi 32 r~;~:t-~~;e~E-reg-i:tr:"-
tion, 1 st Schedule, 
items 24, 24a 
If left a t the time of 
registration, no fee· 
FORM OF REQUEsr '10 THE REG!STRAR BY A REGIS"I'ERED PROPRIETOR 
OR A REGISTERED USER OF A TRADE MARK, OR ,4.. PERSON ABOUT TO 
BE SO REGISTERED, TO ENTER, AL 1ER 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] ................ (b") [registered] in 
Class .................. for the inclusion [or addition, or alteration, 
ur substitution] of an address for service in Kenya in or to the entry 
thereof so that the address for service may read Cc) .....••••.•.•• ........................................ , ..................... . 
Dated this ................ day of ................ , 19 ... . 
(d) ................................. ' ...•.•. 
To: The Registrar of Trade Marks, 
P.D. Box 30031! 
Nairobi. 
;\.iO!l.'s.---( 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, 
n1ay make also the statement for which there is provision on the back 
of this form in order to avoid payment of the fee. 
(2) By rules 13 and 81 an application in form TM 32 must 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 otherviise allows. 
*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 .................... day of ................ ' .... , 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 p~id. 
(See rule 81.) JP /Nil IKENrr Il 
Page 113 
Form TM 33 
R FGL'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 rrade rvfark 
No. ........................ in Class ....................... . 
in respect of (a) ...................................•......•.•• 
. .. . . . .. . . . . . . . .. . . . . . . . . . .. .. . .. . . . . . . .. . . . . . ~.. . . .. . .. .. .. .. .. .. .. . .. . .. . .. .. .. . .. 
(For Oflicial Use) 
Advcrtized in the Gazette Vol. ............ at page ......... . 
on the .................... day of .................... , 19 ... . 
Date of Application and Registration 
.................. : .. , )9 .... 
To: The Registrar of Trade Marks, 
P.O. Box 30031 ~ 
Nairobi. 
Form TM 34 FEE 
1 st 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 Ca) ...•.•...........•....•••. 
.......................................................................................................................... 
who is [are] the Proprietor[s] of the Certification Trade Mark[s] No.[s] 
(b) ........................................................... . 
registered in Class .............. (c) in respect of (d) ............. . 
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 ... . 
(n ....................................... . 
To: The Registrar of Trade i\1 ark s. 
P.O. Box 30031, 
Nairobi. (Subsidiary] 
(a) Here specP 
fy the goods of 
the registration. 
(a) Here insert 
name and ad­
d ress of the pro­
prietor(s) as reg­
istered. 
(b) If the same 
regulations apply 
to more than 
one registration. 
state the num­
bers of all the 
registration. 
le) Add j -
tion:ll numbas 
and specifica-
tions may be 
given in a sign('d 
schedule on the 
back of the 
form. 
(d) Here state 
the specifica lions 
of the respective 
registrations. 
(e) T h r e e 
copies should be 
furnished. 
(J) Signature. IP/N/l/KENff/l 
Page 114 
[Subsidiary 1 
(a) Here state 
full name and 
address. 
(b) Strike out 
either paragraph 
that is not appli­
cable. 
(c) Strike out 
one of these 
lines. 
(d) Signature. Form TM 35 FEE 
Sh.60 
ApPllCATIO~ TO THE COURT FOR AN ORDER EXPUi':~ING OR VARYING 
AN ENTRY IN THE REGISTER RELATING 10 A CERTIFlCATIO:-': 
TRADE MARK OR VARYII'G THE DEPosn EO REGULATIONS 
(Section 40 and First Schedule-Rule 93) 
(To be accompanied by a copy and a Stalenlent 0/ Case ill duplicate) 
IN THE MAITER OF Certification Trade Mark No .............. . 
registered in the name of ..................................... . 
in Class ..........................•. 
I [We] Ca) ..•..•.•.•..•..••..•....•••......•••..••..•••••. 
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 ... . 
To: The Registrar, 
The High Court, 
Nairobi. (d) ....................................... . 
To: The Registrar of Trade Marks, 
P.O. Box 30031, 
Nairobi. IP /NI llKENff 11 
Page 115 
Form T~l 36 
1 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 b(' filed ill triplicate) 
IN THE MATTER OF an Application No ......... : .......... , ... . 
by ........................................................... . 
of ........................................................... . 
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. [Subs~diary ] 
(a) Here state 
full name and 
address. 
(b) The grounds 
should . be limi­
ted to matters 
referred to in 
paragraph 2 (1) 
of the First 
Sched ule to the 
Ordinance. 
(c) Signature. IPINlllKENff 11 
Page 116 
(Subsidiary) 
(a) Signature. Form TM 37 FEE 
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 ApPLlCA nON FOR 
REGISTRATION OF A CERTIFICATION TRADE M ARK 
(Tv b~ /ift'J in triplicate) 
l~ THE MATrER Or-an Opposition No ............. to Application 
for registration of a Certification Trade Mark No. 
I [We] ................................................... . 
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 [ourl application: 
I [We] admit the following allegations in the notice of Opposition: 
Address for service in Kenya in these proceedings: 
Dated this day of ................ , 19 ... . 
(a) ....................................... . 
To: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. IP INlllKENff /1 
Page 117 
Form TM 38 FEE 
Sh.50 
HEARING BY THE REGISTRAR OF AN OPPOSITION UNDER PARAGRAPH 2 (2) 
OF THE FIRST SCHEDULE TO THE ACT AND RULE 58 TO AN 
ApPLICATION FOR REGISTRATION OF A CERTIFICATIO~ TRADE 
MARK 
NOTICE OF ATTENDANCE AT HEARING [Subsidiary ] 
[We] (a) ..... _ . . . . . . . . . . . . . . . . • . • . . . . . . • • . . . . . . . . . . . . . • • (a) Here insert 
of ....................... -•..................................... 
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 Notic~ to me [us] dated the .......... day of .......... , 
19 .... , is fixed for ........ a.m. or p.m. atj'fie 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 ... . 
(b) •................•...................... 
(c) ...•.................................... 
• • • • • • • • • • • • • • • • • • • • • • • • e •••••••••••••••• 
To: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. name and . ad­
dress. 
(b) Signature. 
(c) Addresl . IP/N/l/KENffll 
Page 118 
[Subsidiary ] 
(a) Here insert 
the name and 
trade or business 
address of the 
registered pro­
prietor .• 
(b) Here insert 
the name and 
trade or business 
address of the 
proposed assign­
ee. 
(c) Signature. Form TM 39 FEE 
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 ·Class[es] .................................................... . 
· .............................. --....... '" .................... . 
Application is hereby made by (a) ......................•••••• 
of ............................................................ . 
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 M,IIk[s] 
No.[s] ........................ to (b) .................. 0 • 0 0 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 ....• 00 •••••••• 0' 19 •... 
(c) ........................................ . 
To: The Registrar of Trade Marks, 
P.D. Box 30031, 
Nairobi. IP /NI llKENff 11 
Page 119 
Form TM 40 FEE 
1st Scb., 
item Ba 
ApPLICATION FOR THE ApPROVAL BY THE REGISTRAR UNDER SECTION 25 
(6) AND RULE 79. OF A PROPOSED ASSIGNMENT, OR OF A TRANS­
MISSION. (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 
, TrQ[lsmission) 
IN THE MATTER OF [a] Trade Mark[s] 
• Registered under'·No.[s] ..................... . 
in Class[es] 
the property of .............................. ~ . 
Application is hereby made by: [Subsidiary] 
*To be struck 
out in the case 
of unregistered 
trade marks. 
tStrike out 
either paragraph 
(1) or paragraph 
(2). 
t (1) (a) ................................•.•.•...........•• (a) Insert here 
of ..................................................•...... '. 
the Proprietor of the Trade Mark[s] shown in the accompanying 
Statement of Case Cb) [registered in his name] [and used by him] ip 
respect 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) 
· ....................................... , .. " .................. . 
of .. ' ~ ....................................................... . 
in respect of the following goods ...•...... ' .....•••........•..... the name and 
trade or busine:.~ 
address of lhe 
proprietor. 
(b) Strike out 
either if not ap· 
plicable. 
Cc) Insert here 
the names and 
trade or business 
addresses of the 
proposed assign­
ee or assignees. 
(t!) Insert tbe 
name of the 
place in Kenya. IP /NIl IKENff 11 
Page 120 
[Subsidiary] 
(e) Here insert 
the name and 
trade or business 
address of the 
person who 
claims a trans­
mission to him. 
(J) Insert hero 
the date of the 
t ran s mission 
which must not 
precede the ap­
pointed day. 
(g) Strike out 
the words that 
are not applic­
able. 
(h) 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. 
(j) Signature. to be sold or otherwise traded in in (d) .......................• .".J , . 
in circumstances that are stated fully in the accomplnying Statement 
of Case. 
t (2) (e) .......................................................................................... 
of ..................... " ...................................... . 
.. .............................. , ..................................................................... . 
who claims th:H the Trad~ Mark[s] sho\vn in the accompanying State-
ment of Case was [were). in respect of the following goods, namely: 
................................................................ , .................................................. .. 
and on the (f) ................ day of ................• J9 .. 0 .0 
transmitted to (g) him for to (h) .................... 0 0 •••••••••• 
of ................. 0 •••• 0 ••••• 0 •••••••••• 0 •· ••••• 0 •••••••• 0 •••• 
(who \\-as 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 fulI~' in the accompanying State-
ment of Case. for approval by {he Registrar of the aforesaid trans-
mission. 
Dated this ...... '. . . . . . . . .. day of ..•...•......... , 19 ... . 
(I) ..•..............•........•........•.... 
To: The Registrar of Trade Marks. 
p.a. Box 30031, 
Nairobi. IP IN/I fKENff /1 
Form TM 41 i· FEE 
1 st 5ch., 
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\\i)SI3 THAN IN CONNEXION WITH THE 
GOODWILL Or THE BUSINESS 
(To he accompunied by a duplicQte) 
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' 
in conn~xion with the goodwill of the business in which they were used 
at the time of assignment, namely-·· 
(1) Registered .Trade Marks: 
. Registration Numbe:- Class 
(h) Goods in respect of which the 
~13.rk has been used and is 
assigned 
all of which are ,?r were registered 10 the name of (c) ... 0 •••••••••• 
• 0 0 ••••• 0.0 •••• 00 •••• 0 •••• 0 •• 0 of .00 •••••••••••••• 0 •••••••••• 
• • 0 0 0 • 0 0 • 0 • 0 0 •••• 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 
belo\v by (c) .. 0 • 00 o •• 0 0 ••• 0 • 0 ••• 0 •• 0 ••• 0 ••••• 0 • 0 ••••••• 0 •••••• 
of 0 ••• 0 0 •••••• , •••••• 0 •••• '" 0 •••••• , •••••••••••••• : •••••••••••• 
who is the assign or : 
Representation of Mark 
(b) Goods in respect 'of which the Mark 
has been used and is assigned 
The date of assignment was the . 0 • 0 0 •••••••• 0 • 0 ••••• 0 day of 
••• 0 •• 0 •••••• 0 ••••••••• 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 .00 •• 0 •••••• 0 .0 ••• 0 •• 0 •••••••••••••••••••••••••••••• 
Dated this .. o. 0 ••••••••••• 'day of ................ "f 19 ... . 
(c) ...•. 0 • 0 •••••••••• 0 0 •••• 0 • 0 ••••••••••••• 
To: The Registrar of Trade M arks, 
PoO Box 30031, 
Nairobi. Page 121 
(Subsidiary ] 
(a) Here insert 
tbe name and 
trade or business 
address of the 
assignee (appli­
each). 
(b) Additional 
Marks and num­
hers may be 
given in a signed 
schedule on the 
back of the 
form. 
(c) Here insert 
the name and 
trade or business 
address of the 
proprietor (3S­
signor). 
(d) Only thoS( unregis­
tered 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 srated 
here. 
(e) Signature. IP/N/lIKENffll 
Page 122 
(Subsidiary] 
(a) Here insert 
the names and 
trade or business 
addresses of the 
n~signee (~ppli­
cant). 
Ch) Here in'icrt 
"one" or "two" 
or "rhree". 
(c) Additional 
Marks and num­
bers may be 
given in a signed 
l'ched ule on the 
back of the 
form. 
(d) Here insert 
the name and 
trade or business 
address of the 
proprietor (as­
signor). 
(e) Signature. Form TM 42 FEE 
1st Sch., 
item 8c 
ApPLICATION FOR EXTENSION OF TIME !N WHICH TO ApPLY FOR THE 
REGISTRAR'S DIRECTIONS FOR THE ADVERTISEMENT OF AN ASSIGN­
MENT OF TRADE MARKS OTHERWISE THAN IN CONNEXION WITH THE 
GOODWILL OF THE BUSINESS 
(Section 25 (7) and Rule BOt 
Application is hereby made by (a) •...•..••.••••.••.•••••••• 
of ............................................................ . 
for extension of time of (b) .. ; •.•...••• month[s] in which to apply 
for the Registrar's Directions for the advertisement of an assignment 
to him [them] of the following Trade Marks otherwise than in con­
nexion with the goodwill of the business in which they were used at 
the time of assignment, namely-
(l) Registered Trade Marks: 
Registration Number Class 
(c) Goods in respect of which tbe 
Mark has been used and is 
assigned 
all of. which are or were registered in the name of (d) ............. . 
· . . . . . . . .. .... .. . . . .. . . .. . . . .. of ........................ -... . 
· ........................... who is the assignor. . , 
(2) Unregistered Trade Marks, all being marks used in his busi­
ness at the time of assignment and in respect of the goods stated below 
-by (d) ............................ of -....................... . 
· ........ ,. ............................ ,. ........................... . 
who is the assignor: 
Representation of Mark 
(c) Goods in respect of which the Mark 
has been used and is assigned 
The date of assigriment was the .................. " .... day of 
19 .... 
Dated this ................ day of .................. , 19 ...• 
(e) ••.....•....•..•..................... . 
To: The Registrar of Trade Marks. 
P.O. Box 30031, 
N~robi. IPINI1 IKENffl1 
Page 123 
Form TM 43 FEE 
She 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 Ca) ...... '0' •••••••••••••••••• 
...................................................................................................................... 
the Registered Proprietor of the above-mentioned Trade Mark, for the 
conversion of the specification of the above-mentioned registration Cb) 
[and tfc specification[s] 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 thl! 
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. (Subsidiary ] 
Ca) Here insert 
the name :lnd 
trade or business 
address of the 
registered pro-
prietor (appli-
cant). 
(b) Delete (he 
words in brac­
kets if (here 
are no registered 
users. 
(c) Signature. JP /NIl IKENff 11 
Page 124 
(Subsidiary] 
(a) The num-
bers 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. 
(c) Signature. Form TM 44 FEE 
1 st Sch., 
item 20a 
NOTICE OF OPPOSITJO~ TO PROPOSAL FOR CO~VERS[ON OF 
SPECIfICATION 
(Section 39 and Rule 7) 
(To be accompanied by a duplicate and a sTatement, ill duplicate. 
showing how the proposed COil version would be contrary /0 
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 Rult!s. 
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 ~ follows: 
My (our] address fOi service in Kenya in these proceedings is: 
Dated this day of ................ , 19 ... . 
(c) ................. ,. .......•....••.•...... 
To: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. IPINI llKENff 11 
Page 125 
Form TM 45 [ FEE 
Sh.50 ------, 
NOTICE OF OPPOSITIO:-.s TO ApPLICA1ION UNDER SECTION 38 FOR 
ADDITION TO OR Al TER"'TIO~ 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 ....................... . [Subsidiary ] 
[ [We] Ca) ..................•........•...•..........•...•. (a) Here slate 
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 proce\!dings: 
Da ted this ................ day of .. , ' ........ ~ ......• 19 ... . 
ro: The Registrar of Trade Marks, 
p.a. Box 30031, 
Nairobi. full name and 
address. IPlNlllKENffll 
Page 126 
(Subsidiary ] 
la) To be signed 
by the person 
interested or' his 
agent. 
(a) Here state 
the name and 
address of the 
registered pro­
prietor. 
(b) Here state 
the nature of 
the proceedings 
with the names 
of ~c parties to 
them, in which 
the certificate 
was given. 
(c) Signature. Form TM 46 FEE 
She 20 
NOTICE OF ORDER OF COURT FOR ALTERATION OR RECTIFICATION OF 
REGISTER OF TRADE MARKS 
(Rule 119) 
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.a. Box 30031, 
Nairobi. 
Form TM 47 FEE 
1st Sch., 
item 7 
REQUEST TO THE REGISTRAR FOR ENTRY ON THE REGISTER AND 
ADVERTISEMENT OF A NOTE OF A CERTIFICATE OF V ALlDITY 
BY THE COURT UNDER SECTIO:J 47 
(Rule 88) 
IN THE MATTER OF Trade Mark[s] No.[s] ...................... . 
registered in Class ................ in the name of ............. . 
I [We] (a) .....................................•.•..•.•••• 
. ............................................... , .............. . 
hereby request the 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) ..............•........•.....•.•.•..•• ........ --...................................................... . 
the Court certified that the v~ lidity of the said registration[s] came 
int~ 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.a. Box 3003 I, 
Nairobi. IP/N/1/KENff/1 
Page 127 
Form TM 48 FEE 
1st Sch., 
items 6, 6a 
ApPLICATION FOR REGISTRATION OF REGISTERED USER 
(To be accompanied by a Statenfenr 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) ......................... . 
• • -. •••••••••••••••••••••••••••••• 11 •••• 0 ••••••••••••••••••••••••• 
,0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 
who is [are] the regist~red proprietor[s] of Trade Mark[s] No.[s] 
· • . . • . • • . . • . .. (b) registered in Class .............. in respect of 
(c) ..........•............. that (d) ......................... . 
· ............................................................. . 
of (e) ....•.•.••..........•.......•.....................•..... 
· . . . . . . . . . . . . . . . . . . . . . .. trading as (I) ....................... . 
· ............................................................. , 
who hereby joins in the application, may be registe~ed 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. 
vl ....................................... . 
To: The Registrar of Trade Marks, 
P.D. 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. (Subsidiary ] 
(a) Here insert 
full name, trade 
or business ad­
dress and des­
cription of the 
registered pro­
prietor(s). 
(b) Additional 
numbers may be 
given in a signed 
schedule on the 
back of the 
form. 
(c) Here insert 
the specification 
in the Register. 
(d) Here insert 
the full name, 
description and 
nationality of 
the individual, 
firm or body 
corporate pro-
posed as regis­
tered user. The 
names of all 
partners in <l 
firm must be 
given in full. In 
the ca~e of a 
body corporate 
hrief particulars 
of the kind and 
country of in­cor p 0 ration 
should be stated. 
(e) Here insert 
the full trade or 
business address 
of the proposed 
registered user. 
(f) Here insert 
trading style, if 
any. 
(g) Here insert 
designation of 
goods (which 
must be com­
prbed within the 
specification). 
(h) W r i t e 
"none" if there 
are no condi­
tions or restric­
tions. 
(i) Strike oul 
the words that 
are not applic­
able. 
U) Signature. IP/N/llKENff/l 
Page 128 
(Subsidiary] 
(a) Here insert 
(he full name, 
description and 
trade or business 
address of the 
rc,gblered pro­
prietor. 
(h> Additional 
numbers may be 
given in a signed 
:-chedule on the 
hack of the 
form. 
(c) Here insert 
the specifications 
in the Register. 
(d) Here insert 
lhe full name. 
description and 
trade or business 
address of the 
registered user. 
(e) Here insert 
the goods in 
rcspect of which 
the user is reg­
istered. 
(f) Here state 
in terms the 
manner in which 
il is requested 
that the entry 
should be varied. 
(g) Signature. Fornl T~1 49 FEE 
1 st Sch., 
items 6b. 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 User) 
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.C. Box 30031, 
Nairobi. IP/NI1/KENff 11 
Page 129 
Form TM 50 FEE 
J st Sch., 
items 6d, 6e 
ApPLICATIO:'-1 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 (cl) ...............................................• 
............ -' ................................................. . 
for the cancellation of the entry under the above-mentioned registra-
tion[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. [Subsidiary] 
(a) Here insert 
the full name 
description and 
trade or business 
address of the 
applican t(s). 
(b) Strike out 
the words that 
are not applic­
able. 
(c) Additional 
numbers may be 
given in a signed 
schedule on the 
back of the 
form. 
(d) Here insert 
the spedfication 
in the· Register. 
(t") Here insert 
the full name, 
description and 
trade or business 
address of the 
registered user 
wbose entry is 
sought to be 
cancelled. 
(I) Here insert 
goods in respect 
of which that 
registered user 
is entered. 
(g) Signature. IP/N/1/KENffll 
Page 130 
[Subsidiary] 
(a) Additional 
numbers may be 
g i v e n on a 
signed schedule 
on ,the back of 
this form. 
(b) Here insert 
the name, trade 
or business ad­
dress and des­
cription of the registered 
pro p rietor as 
en tered in the 
Register. 
(c) Here insert 
the name and 
address of the 
applicant for 
cancellation. 
(cl) Here insert 
the name, trade 
or business ad­
dress and des­
cription of the 
registered user 
as enterea in the 
Register. 
(e) Here insert 
the goods in 
respect of which 
the registered 
user is entered. 
(j) Here .insert 
one or more of 
the sub -para­
graphs of para­
graph (c) of 
section 31 (8) 
numbered (i), 
(u), (ill). 
(g) Signature. Form TM 51 FEE 
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) 
regi$tered in Class .............. in the name of (b) •............. 
· .............. " ................................... --........... . 
Application is hereby made by (c) ......•.....•.••. . •••••.. 
• ••••••••••••••••••••••••••• ·0" •••••••••••••••••••••••• • • • ••••• , 
whose address for service in Kenya in these proceedings i') ......... . 
· ..................................................... ~ ....... , 
for the cancellation of the entry under the above-mentioned registra-
tion[s] 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.a. Box 30031, 
Nairobi. IP/NI1 IKENffl1 
Page 131 
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 Intervention) 
IN THE MATTER OF a Trade Mark No ........................ . 
registered in Class .............. in the name of (a) ............. . 
and 
IN TIlE MATTER OF a registration of (b) 
there~nder as a R~stered User of the Mark. 
In reply to the Registrar's Notification, dated the 
day of .................... , 19 ..•. , notice is hereby given of my 
intention to intervene in the proceedings in the above matter. 
My address f()r service in Kenya for the purpose of these 
proceedings is : 
................................................................ 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 
Dated this day of •.•.....•..•..•. , 19 .... 
(c) ..............•...•.••............•..... 
To: The Registrar of Trade Marks, 
P.O. Box 30031, 
Nairobi. [Subsidiary] 
(a) Insert here 
the name of the 
registered pro­
prietor. 
(b) Insert hero 
the name and 
trade or business 
address of the registered 
user. 
(c) Sianaturo. IPINIllKENffll 
Page 132 
[Subsidiary] 
L.N. 3'1/1967 J 
LJN. ,34/1975. Application of seemit '5 to Foreign ~tates under sUbsection""(4) of 
that section 
Algeria 
Argentina 
Australia 
Austria 
Belgium 
Brazil 
Bulgaria 
Cameroon 
Canada 
Cen tral African Republic 
Chad 
Congo (Brazza viUe) 
Cuba 
Cyprus 
Czechoslovakia 
Dahomey 
Denmark 
Dominican Republic 
Egypt 
Finland 
France 
Gabon 
Germany (Democratic 
Republic of) 
Gennany (:feqera1 Republic of) 
Greece 
Haiti 
Holy See 
Hungary 
Iceland 
Indonesia 
Iran 
Ireland 
Israel 
Italy 
Ivory Coast 
Japan 
Jordan 
Laos 
Lebanon 
Liechtenstein 
Luxembourg Madagascar 
1vIalawi 
Malta 
Mauritania 
Mexico Monaco 
IYfDrocc0 
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 
Repub~cs 
United Kingdom of Great 
Britain and Northern 
Ireland 
United 'States of America 
Upper Volta 
Uruguay 
Vietnam 
Yugoslavia 
Zaire 
Zambia.