Section 40D of 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 the same effect and enjoy the same protection in Kenya, as a trade mark registered under this Act, unless the Registrar communicates to ARIPO, in respect of the application, a decision in accordance with the provisions of that Protocol, that if a mark is registered by ARIPO, that mark shall have no effect in Kenya.
(2) The Institute shall act as a receiving office, for the purpose of filing an application under the Banjul Protocol, where a regional application is filed with it and the applicant is a national or a resident of Kenya.
(3) Where there is a conflict between the provisions of this Act and the provisions of the Banjul Protocol on Marks, this Act shall prevail.
(4) The provisions of this Act with respect to legal proceedings and appeals relating to registered trade marks shall apply to international trade marks.
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