Rev. 2009] Trade Marks CAP. 506 35 Part VI - Rectification And Correction Of Register 35. (1) Any person aggrieved by the non-insertion in or omission General power to from the register of an entry, or by any entry made in the register without rectify entries in register. sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the court or, at the option of the applicant and subject to the provisions of section 53, to the Registrar, and the court or the Registrar may make such order for making, expunging or varying the entry as the court or the Registrar may think fit. (2) The court or the Registrar may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connexion with the rectification of the register. (3) In case of fraud in the registration, assignment or transmission of a registered trade mark, the Registrar may himself apply to the court under this section. (4) Any order of the court rectifying the register shall direct that notice of the rectification shall be served in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the register accordingly. (5) The power to rectify the register conferred by this section shall include power to remove a registration in Part A of the register to Part B. 36. On application by any person aggrieved to the court, or, at the Power to expunge or option of the applicant and subject to the provisions of section 53, to vary registration for the Registrar, or on application by the Registrar to the court, the court breach of condition. or the Registrar may make such order as the court or the Registrar may think fit for expunging or varying the registration of a trade mark on the ground of any contravention of, or failure to observe, a condition entered on the register in relation thereto. 36A. (1) A proprietor may surrender a registered trade mark Surrender of a in respect of some or all of the goods or services for which it is registered trade mark. 4 of 2002. registered. (2) The Minister may make rules for the surrender of a registered trade mark and for protecting persons with rights in the registered trade mark. 36B. (1) A proprietor of an earlier trade mark or any other earlier Effect of right, who has acquiesced for a continuous period of five years in the use Acquiescence. of a registered trade mark in Kenya, being aware of that use, shall cease 4 of 2002.