No. 2 (3) The Minister shall also prescribe fees which shall be payable in respect of any application, registration and other matters under this Act and the fees shall be payable as so prescribed. (4) Notwithstanding section 21 of the General Interpretation Act, regulations made pursuant to this section may provide for offences whose penalties may not exceed a fine of K1,000,000.00 and imprisonment for three years. 82. 35 Trademarks The Trademarks Act is hereby repealed. 83.__(1) Trademarks registered under the repealed Trademarks Act shall remain in force until their expiry and shall be deemed to have been registered under this Act. Cap. 1:01 Cap 1:01 Repeal of Cap. 49:01 Savings (2) Trademarks already registered and due for renewal shall, on renewal, be reclassified in accordance with international classification as provided under this Act. (3) The Registrar may, in case of trademarks registered in Part B of the Register under the repealed Trademarks Act, and on application by the owner of such trademark and who, having shown that the mark has acquired distinctiveness through use, register that mark in the Register. (4) Any regulations made under the repealed Trademarks Act shall, unless inconsistent with the provisions of this Act, remain in force and shall have the same effect as if they were made under this Act. (5) Any document referring to any provision of the repealed Trademarks Act shall be construed as referring to the corresponding provision of this Act. FIRST SCHEDULE CERTIFICATION MARKS RULES PARAGRAPHS 1. 2. 3. 4. 5. 6. 7. ARRANGEMENT OF RULES Application for registration Submission of draft rules Rules to indicate use of certification marks Acceptance of rules Factors to be considered on registration of certification marks Certification marks not to be registered in certain cases Advertisement of an application s.40