Section 65 of Trade Marks Act CAP 506: 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 protection of trade marks, that person or his legal representative or assignee shall be entitled to registration of his trade mark in priority to other applicants; and that registration shall have the same date as the date of application for protection in the foreign state if the application for registration is made within six months from the date of the application for protection in the foreign state:
Provided that nothing in this section shall entitle that proprietor of a trade mark to recover damages for infringements happening prior to the actual date on which his trade mark is registered in Kenya.
(2) The registration of a trade mark shall not be invalidated by reason only of the use of the trade mark in Kenya during the period of six months.
(3) The application for the registration of a trade mark under this section shall be made in the same manner as an ordinary application under this Act:
Provided that any trade mark the registration of which has been duly applied for in the country of origin may be registered under this Act.
(4) The provisions of this section shall apply only to those foreign states to which the Attorney-General has by notice in the Gazette declared them to be applicable and so long only as the notice continues in force with respect to those states.