Section 58B of Trade Marks Act CAP 506: Application
(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 applied; or
(d) it is used in any manner likely to lead to the belief that the goods in connection with which it is used are designated by that trade mark or other mark.
(2) Goods delivered in pursuance of an offer or request made by reference to a trade mark or other mark appearing in any sign, advertisement, invoice, list, catalogue, business letter, business paper, pricelist or other commercial documents, for the purposes of paragraph (d) of subsection (1) are goods in connection with which the trade mark or other mark is used.
(3) A trade mark is applied in relation to services if it is used in any manner likely to lead to the belief that the services in connection with which it is used are designated by that trade mark.
(4) A registered trade mark is falsely applied to goods or in relation to services if, without the consent of the proprietor or the authority of this Act, the registered trade mark or a mark so nearly resembling it as to be likely to deceive or cause confusion is applied to the goods or in relation to the services, as the case may be.
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- Section 58C - Forgery of registered trade mark
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...
- Section 58D - Prohibition of forgery of registered trade mark
(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,...
- Section 58E - Prohibition of sale or importation of goods or performance of services with forged registered trade mark
(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...
- Section 58F - Aiding and abetting offence
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...
- Section 58G - Evidence
(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...
- Section 58H - Forfeiture of goods
(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...
- Section 59 - Restraint of registration and use of Olympic symbol
(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...
- Section 60 - Change of form of trade connexion not to be deemed to cause deception
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...
- Section 61 - Jointly owned trade marks
(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...
- Section 62 - Trusts and equities
(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...
- Section 63 - Recognition of agents
(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...
- Section 64 - Address for service
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...
- Section 65 - International arrangements
(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...
- Section 66 - Provisions as to public holidays
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...
- Section 67 - Transitional provisions and savings
The transitional provisions and savings set out in the Third Schedule shall have effect with respect to the matters therein mentioned respectively.