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Section 23 of Trade Marks Act CAP 506: Duration and renewal of registration

    

(1) The registration of a trade mark shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.
(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 ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be, which date is in this section referred to as the expiration of the last registration:
Provided that all the trade marks that were registered or the registration of which was renewed before the commencement of this section, shall remain in force until the expiry of the period of registration or renewal and thereafter, the provisions of this section shall apply.
(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 otherwise 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, nevertheless, 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 register:
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 or business use of the trade mark that has been removed during the two years 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 subject of the application for registration by reason of any previous use of the trade mark that has been removed.
(5) The Registrar shall cause an application for registration of a trade mark to be published in the Journal or in the Kenya Gazette, in such manner as may be prescribed in the rules made under this Act.

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