Trade Marks Act CAP 506▤
Registrar’s appearance in proceedings involving rectification
(1) In any legal proceeding in which the relief sought includes alteration or rectification of the register, the Registrar shall h…
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80 results · Trade Marks Act CAP 506
Trade Marks Act CAP 506▤
Trade usage, etc., to be considered
In any action or proceeding relating to a trade mark or trade name, the court or the Registrar shall admit evidence of the usages…
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Trade Marks Act CAP 506▤
Costs of Registrar in proceedings before court, and payment of costs by Registrar
In all proceedings before the court under this Act, the costs of the Registrar shall be in the discretion of the court, but the Re…
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Trade Marks Act CAP 506▤
Certificate of validity
In any legal proceeding in which the validity of the registration of a registered trade mark comes into question and is decided in…
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Trade Marks Act CAP 506▤
Registration to be prima facie evidence of validity
In all legal proceedings relating to a registered trade mark (including applications under section 35), the fact that a person is…
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Trade Marks Act CAP 506▤
Power of Registrar to award costs
(1) In all proceedings before the Registrar under this Act, the Registrar shall have power to award to any party such costs as he…
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Trade Marks Act CAP 506▤
Hearing before exercise of Registrar’s discretion
Where any discretionary or other power is given to the Registrar by this Act or the rules, he shall not exercise that power advers…
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Trade Marks Act CAP 506▤
Preliminary advice by Registrar as to distinctiveness
(1) 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 a…
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Trade Marks Act CAP 506▤
Fees
There shall be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed by…
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Trade Marks Act CAP 506▤
Power of Cabinet Secretary to make rules
The Cabinet Secretary may make such rules, prescribe such forms and generally do such things as he thinks as he thinks expedient—…
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Trade Marks Act CAP 506▤
Applications for registration of marks under the Banjul Protocol
(1) A trade mark in respect of which Kenya is a designated state, registered by ARIPO by virtue of the Banjul Protocol, shall have…
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Trade Marks Act CAP 506▤
Rules regarding regional and international applications
(1) The Cabinet Secretary may, in rules, make appropriate provisions to give effect, in Kenya, to the provisions of the Banjul Pro…
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Trade Marks Act CAP 506▤
Marks registered under the Banjul Protocol and the Madrid Convention and Protocol
In this Part— "International Bureau" means the International Bureau of the World Intellectual Property Organization, established b…
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Trade Marks Act CAP 506▤
Collective trade marks
(1) A mark capable of distinguishing, in the course of trade, the goods or services of persons who are members of an association,…
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Trade Marks Act CAP 506▤
Certification trade marks
(1) A mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of orig…
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Trade Marks Act CAP 506▤
Adaptation of entries in register to amended or substituted classification of goods
(1) The Cabinet Secretary may from time to time make such rules, prescribe such forms and generally do such things as he thinks ex…
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Trade Marks Act CAP 506▤
Alteration of registered trade mark
(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…
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Trade Marks Act CAP 506▤
Correction of register
(1) The Registrar may, on request made in the prescribed manner by the registered proprietor— (a) correct any error in the name, a…
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Trade Marks Act CAP 506▤
Effect of Acquiescence
(1) A proprietor of an earlier trade mark or any other earlier right, who has acquiesced for a continuous period of five years in…
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Trade Marks Act CAP 506▤
Surrender of a registered trade mark
(1) A proprietor may surrender a registered trade mark in respect of some or all of the goods or services for which it is register…
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Trade Marks Act CAP 506▤
Power to expunge or vary registration for breach of condition
On application by any person aggrieved to the court, or, at the option of the applicant and subject to the provisions of section 5…
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Trade Marks Act CAP 506▤
General power to rectify entries in register
(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 w…
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Trade Marks Act CAP 506▤
Use of trade mark for export trade
The application in Kenya of a trade mark to goods to be exported from Kenya, and any other act done in Kenya in relation to goods…
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Trade Marks Act CAP 506▤
Use of one of associated or substantially identical trade marks equivalent to use of another
(1) Where under this Act use of a registered trade mark is required to be proved for any purpose, the court or the Registrar may,…
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