Browse an Act, find a provision and read each section in context.
Browse Acts ↓(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 advice as to whether the trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be, shall b…
Where any discretionary or other power is given to the Registrar by this Act or the rules, he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so to do within the prescribed time) giving to…
(1) In all proceedings before the Registrar under this Act, the Registrar shall have power to award 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, be leave of the court or a judge thereof, be enforced in the s…
In all legal proceedings relating to a registered trade mark (including applications under section 35), the fact that a person is registered as proprietor of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments…
In any legal proceeding in which the validity of the registration 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 proceedings in which the validity o…
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.
In any action or proceeding relating to a trade mark or trade name, the court or the Registrar shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get-up legitimately used by other persons.
(1) In any legal proceeding in which the relief sought includes alteration or rectification 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 appearing and bei…
The court, in dealing with any question of the rectification of the register (including all applications 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.
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.
Where under any of the foregoing provisions of this Act an applicant has an option to make an application either to the court or to the Registrar— (a) if an action concerning in the trade mark in question is pending, the application shall be made to the court; (b) if in any other case the applicatio…
(1) In any proceeding under this Act before the Registrar, the evidence shall be given by statutory declaration 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 to evidence by decl…
The Nice Agreement concerning the International Classification of Goods and Services for the purpose of the Registration of Trade Marks of 15 June, 1957 and all revisions thereof together with the publications of the World Intellectual Property Organization of Geneva relating to the Agreement may be…
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 or…
(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 regi…
In this Part— "apply to," in relation to goods, means— (a) to emboss, impress, engrave, etch, stamp, write, photocopy or otherwise cause to be applied to or printed upon; or (b) to weave or otherwise work into; or (c) to annex or affix to, such goods; "covering" means any bottle, box, capsule, case,…
(1) A trade mark is applied to goods if— (a) it is applied to the goods themselves; or (b) it is applied to a covering on, in or attached to which the goods are sold; or (c) the goods are placed in or around, enclosed by or annexed to any covering to which the trade mark or other mark has been appli…
For the purpose of this Part, a person forges a registered trade mark if— (a) without the consent of the proprietor of the registered trade mark or the authority of this Act, he makes that trade mark or a mark so nearly resembling that trade mark as to be likely to deceive or cause confusion; or (b)…
(1) Subject to subsection (2), any person who— (a) forges a registered trade mark; or (b) falsely applies a registered trade mark to goods or in relation to services; or (c) makes a die, block, machine or other instruments, for the purpose of forging, or of being used for forging, a registered trade…
(1) Subject to the provisions of subsection (2), any person who sells or imports any goods or performs any services to which— (a) a forged registered trade mark is falsely applied; or (b) a registered trade mark is falsely applied, shall be guilty of an offence, and liable to a fine not exceeding tw…
Any person who within Kenya procures, counsels, aids, abets or is accessory to the commission outside Kenya of an offence which, if committed within Kenya would be an offence under this Part, is himself guilty of an offence and liable to a fine not exceeding two hundred thousand shillings or to impr…
(1) Any invoice or other document submitted or used by an importer or any other person in connection with the importation of goods in respect of which a prosecution is brought under this Part may be produced as evidence in any criminal proceedings without calling the person who prepared or signed it…
(1) On conviction of any person for an offence under this Part, the court may, in addition to any sentence passed, declare any goods in respect of or by means of which the offence was committed to be forfeited to the Government, unless the owner of the goods or any person acting in his behalf or any…
(1) Subject to an authorisation by or on behalf of the International Olympic Committee, no sign consisting of or containing the Olympic symbol, as defined in the Charter of the International Olympic Committee and consisting of five interlaced rings, whether delineated in a single colour or in differ…
The use of a registered trade mark in relation to goods between 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 betwe…
(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 are conne…
(1) There shall not be entered in the register any notice of any trust express, implied or constructive, nor shall any such notice be receivable 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…
(1) Where by this Act any act has to be done by or to any person in connexion with 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. (2) An app…
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.
(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 registra…