52 CAP. 506 Trade Marks [Rev. 2009 or subsists. Jointly owned trade marks. 61. (1) Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except(a) on behalf of both or all of them; or (b) in relation to an article with which both or all of them are connected in the course of trade, those persons may be registered as joint proprietors of the trade mark, and this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person. (2) Subject to subsection (1), nothing in this Act shall authorize the registration of two or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof. Trusts and equities. 62. (1) There shall not be entered in the register any notice of any trust express, implied or constructive, nor shall any such notice be receivable by the Registrar. (2) Subject to the provisions of this Act, equities in respect of a trade mark may be enforced in like manner as in respect of any other personal property. Recognition of agents. 4 of 2002. 63. (1) Where by this Act any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, the act may, under and in accordance with the rules, be done by or to an agent of that person duly authorized in the prescribed manner. (2) An applicant who ordinarily resides outside Kenya or has a principal place of business outside Kenya, may be represented by a trade mark agent. (3) A person shall be qualified to act as a trade mark agent if such person(a) is a Kenyan citizen; and (b) is an advocate of the High Court of Kenya; or (c) is admitted to practise as an agent before the Institute in accordance with the provisions of the Industrial Property

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