Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
TRADE MARKS ACT
THE TRADE MARKS (INTERNATIONAL REGISTRATION) RULES
LEGAL NOTICE 145 OF 2003
- Published in Kenya Gazette Vol. CV—No. 85 on 22 August 2003
- Commenced on 22 August 2003
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Citation
These Rules may be cited as the Trade Marks (International Registration) Rules.2. Definitions
In these Rules, unless the context otherwise requires—“applicable treaty” means whichever between the Madrid Agreement or the Madrid Protocol which applies to the registration;“international registration” means registration with the International Bureau under the Madrid Agreement or the Madrid Protocol.“Trade Marks Rules” means the rules of that name made under the Act.3. Forms
The forms set out in the First Schedule shall be the prescribed forms for the purposes of these Rules.4. Fees
The prescribed fees for purposes of these Rules shall be as set out in the Second Schedule.5. Institute to be office for Kenya
The Institute shall be the office for Kenya for the purpose of the Madrid Agreement and the Madrid Protocol and, in carrying out that function, the Institute shall comply with the Madrid Agreement and the Madrid Protocol and the regulations made under those treaties.Part II – APPLICATION IN KENYA FOR INTERNATIONAL REGISTRATION
6. Application
7. Examination and forwarding by Institute
Part III – INTERNATIONAL APPLICATIONS DESIGNATING KENYA
8. Application of Part
This Part shall apply with respect to an application for international registration of a trade mark that requests the extension of protection to Kenya.9. Initial examination
Upon being notified of an application by the International Bureau, the Institute shall examine the application and either—10. Applicant’s rights on refusal after initial examination
11. Opposition
12. Refusal to be in accordance with treaty, etc.
In refusing protection for a trade mark under rule 8(a) or 10(3), the Institute shall act in accordance with the applicable treaty and the regulations under that treaty.13. Partial refusal
If protection is refused with respect to some, but not all, of the goods or services for which protection is sought, this Part shall apply, with necessary modifications, as though there were two applications, one with respect to the goods or services for which protection was refused and one with respect to the goods or services for which protection was refused.14. Supplementary Register
15. Extracts from Register
16. Effects of international registration
Part IV – TRANSFORMATION OF AN INTERNATIONAL REGISTRATION TO A KENYAN REGISTRATION
17. Application of Part
18. Application to transform to Kenyan registration
19. Automatic registration
If an application for a transformation is made in the circumstances described in rule 13(1)(a), the application to transform the international registration shall be granted and the trade mark shall be registered.20. Continuation of unfinished proceedings
If an application for a transformation is made in the circumstances described in paragraph (b) or (c) of rule 13(1), the application to transform the international registration shall be dealt with under the Trade Marks Rules as though it were an application under those Rules subject to the following—Part V – PENDING APPLICATIONS
21. Pending applications
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
22 August 2003
Published in Kenya Gazette 85
Commenced