Rev. 2009] Trade Marks CAP. 506 51 (b) at the time and place referred to in paragraph (a) the magistrate may, unless the owner of the goods or any person on his behalf or other person interested in the goods shows cause to the contrary declare such goods to be forfeited to the Government. 59. (1) Subject to an authorization by or on behalf of the International Olympic Committee, no sign consisting of or containing the Olympic symbol, as defined in the Charter of the International Olympic Committee and consisting of five interlaced rings, whether delineated in a single color or in different colors, shall be registered as a mark, or used for commercial purposes as a mark or other sign; and where such a sign has been registered as a mark that registration shall be void. Restraint of registration and use of Olympic symbol. 1 of 1984. (2) Nothing in subsection (1) shall prevent the use of the sign or design where it is made by the mass media for the purposes of informing the public about the Olympic movement. (3) The Minister may, by notice in the Gazette, suspend the operation of subsection (1) during any period during which there is no agreement in force between the International Olympic Committee and the Kenya Olympic Association concerning the conditions under which authorization for the use of the Olympic symbol may be made. (4) Notwithstanding the provisions of section 5, an interested party may institute proceedings to(a) prevent the use or registration of a sign referred to in subsection (1) contrary to the provisions of that subsection; (b) obtain the removal from the register of a sign registered as a mark contrary to the provisions of subsection (1); (c) claim damages or other available civil remedy arising out of the matters referred to in paragraph (a) or (b). Part XII – Miscellaneous 60. The use of a registered trade mark in relation to goods between which and the person using it any form of connexion in the course of trade subsists shall not be deemed to be likely to cause deception or confusion on the ground only that the trade mark has been, or is, used in relation to goods between which and that person or a predecessor in title of his a different form of connexion in the course of trade subsisted Change of form of trade connexion not to be deemed to cause deception.

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