Trade Marks Act Cap 506 in Kenya

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Search Results...

80 sections

• Section 57 of Trade Marks Act CAP 506: Falsification of entries in register
  

  If any person makes or causes to be made a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty or...

  
  
• Section 58 of Trade Marks Act CAP 506: Fine for falsely representing a trade mark as registered
  

  (1) Any person who makes a representation— (a) with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; or (b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so...

  
  
• Section 58A of Trade Marks Act CAP 506: Interpretation of terms in Part XI
  

  In this Part— "apply to," in relation to goods, means— (a) to emboss, impress, engrave, etch, stamp, write, photocopy or otherwise cause to be applied to or printed upon; or (b) to weave or otherwise work into; or (c) to annex or affix to, such goods; "covering" means any bottle, box, capsule,...

  
  
• 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...

  
  
• Section 58C of Trade Marks Act CAP 506: 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 or a mark so nearly resembling that trade mark as to be likely to deceive or cause confusion;...

  
  
• Section 58D of Trade Marks Act CAP 506: 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, machine or other instruments, for the purpose of forging, or of being used for forging, a registered...

  
  
• Section 58E of Trade Marks Act CAP 506: 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 registered trade mark is falsely applied, shall be guilty of an offence, and liable to a fine not exceeding...

  
  
• Section 58F of Trade Marks Act CAP 506: 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 himself guilty of an offence and liable to a fine not exceeding two hundred thousand shillings or to...

  
  
• Section 58G of Trade Marks Act CAP 506: 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 produced as evidence in any criminal proceedings without calling the person who prepared or signed...

  
  
• Section 58H of Trade Marks Act CAP 506: 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 forfeited to the Government, unless the owner of the goods or any person acting in his behalf or any...

  
  
• 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...

  
  
• Section 60 of Trade Marks Act CAP 506: 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 or confusion on the ground only that the trade mark has been, or is, used in relation to goods...

  
  
• Section 61 of Trade Marks Act CAP 506: 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 behalf of both or all of them; or (b) in relation to an article with which both or all of them are...

  
  
• Section 62 of Trade Marks Act CAP 506: 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 this Act, equities in respect of a trade mark may be enforced in like manner as in respect of any other...

  
  
• Section 63 of Trade Marks Act CAP 506: 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 rules, be done by or to an agent of that person duly authorized in the prescribed manner. (2) An...

  
  
• Section 64 of Trade Marks Act CAP 506: 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 the Registrar may refuse to proceed with the application until such address has been given.

  
  
• 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...

  
  
• Section 66 of Trade Marks Act CAP 506: 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 may be left or the fee may be paid on the day next following the Sunday or public holiday.

  
  
• Section 67 of Trade Marks Act CAP 506: 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.