Rev. 2009] Trade Marks CAP. 506 27 or otherwise traded in, or services to be performed, in another place or other places in Kenya: Provided that, on application in the prescribed manner by the proprietor of a trade mark who proposes to assign it, or of a person who claims that a trade mark has been transmitted to him or to a predecessor in title of his on or after the appointed day, in any such case, the Registrar, if he is satisfied that in all the circumstances the use of the trade marks in exercise of those rights would not be contrary to the public interest, may approve the assignment or transmission, and an assignment or transmission so approved shall not be deemed to be, or to have been, invalid under this subsection or under subsection (4), so, however, that in the case of a registered trade mark this provision shall not have effect unless application for the registration under section 28 of the title of the person becoming entitled is made within six months from the date on which the approval is given or, in the case of transmission, was made before that date. (7) Where an assignment in respect of any goods of a trade mark that is at the time of the assignment used in a business in those goods is made, on or after the appointed day, otherwise than in connexion with the goodwill of that business, the assignment shall not take effect until the following requirements have been satisfied, that is to say, the assignee must, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, as the Registrar may allow, apply to him for directions with respect to the advertisement of the assignment, and must advertise it in such form and manner and within such period as the Registrar may direct. (8) Any decision of the Registrar under this section shall be subject to appeal to the court. 26. (Repealed by 4 of 2002, s.6.) 27. Subject to the provisions of this Act, the person for the time Power of registered being entered in the register as proprietor of a trade mark shall, subject proprietor to assign to any rights appearing from the register to be vested in any other person, and give receipts. have power to assign the trade mark, and to give effectual receipts for any consideration for an assignment thereof. Registration of 28. (1) Where a person becomes entitled by assignment or assignments and transmission to a registered trade mark, he shall make application to transmissions. the Registrar to register his title, and the Registrar shall, on receipt of 5 of 1994. the application and on proof of title to his satisfaction, register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of the assignment or transmission to be entered on