Rev. 2009] Trade Marks CAP. 506 Surrender of a Registered Trade Mark 84A. (1) An application to surrender a registered trade mark under section 36A (1) of the Act shall be made to the Registrar- 83 [Subsidiary] Application to surrender. (a) in form TM 21, if the surrender is for all of the goods or services in respect of which the trade mark is registered; or (b) in form TM 22, if the surrender is for some of the goods or services in respect of which the trade mark is registered. (2) An application under paragraph (1) shall(a) set out the name and address of each person who has a registered interest in the trade mark; and (b) include a certification by the proprietor that each person referred to in subparagraph (a) either(i) has been given notice of the proposed surrender at least ninety days before the application is made; or (ii) is not affected by the surrender or has consented to it. (3) After making the appropriate entries in the Register, the Registrar shall publish a notice of the surrender in the Journal or Kenya Gazette. Applications for Alteration of the Register by Correction, Change, Cancellation or Striking out Goods or for Entry of Disclaimer, Memorandum or Note (Section 37 (1)) 85. (1) An application to the Registrar under subsection (1) of section 37 of the Act for the alteration of the register by correction, or change or for the entry of a disclaimer or memorandum, may be made by the registered proprietor of the trade mark or by such person as may satisfy the Registrar that he is entitled to act in the name of the registered proprietor. Application under section 37 (1). L.N. 42/1995, L.N. 146/2003. (2) An application under paragraphs (a), (b) or (e) of section 37 (1) of the Act shall be in form TM 17, TM 19, TM 20, TM 23 or TM 32, as may be appropriate. (3) An application under paragraph (c) or (d) of section 37 (1) of the Act shall be made in accordance with rule 84A. (4) For greater certainty, form TM 20 may be used to change the name of the registered proprietor if the registered proprietor merges with another corporation and the corporation resulting from the merger has a different name. 86. In the case of an application as in rule 85, the Registrar may require Evidence. such evidence by statutory declaration or otherwise as he may think fit as to

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