Section 59 of Trade Marks Act CAP 506: 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 Committee and consisting of five interlaced rings, whether delineated in a single colour or in different colours, shall be registered as a mark, or used for commercial purposes as a mark or other sign; and where such a sign has been registered as a mark that registration shall be void.
(2) Nothing in subsection (1) shall prevent the use of the sign or design where it is made by the mass media for the purposes of informing the public about the Olympic movement.
(3) The Cabinet Secretary may, by notice in the Gazette, suspend the operation of subsection (1) during any period during which there is not agreement in force between the International Olympic Committee and the Kenya Olympic Association concerning the conditions under which authorisation for the use of the Olympic symbol may be made.
(4) Notwithstanding the provisions of section 5, an interested party may institute proceedings to—
(a) prevent the use or registration of a sign referred to in subsection (1) contrary to the provisions of that subsection;
(b) obtain the removal from the register of a sign registered as a mark contrary to the provisions of subsection (1);
(c) claim damages or other available civil remedy arising out of the matters referred to in paragraph (a) or (b).
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