56 CAP. 506 Trade Marks [Rev. 2009 should be registered; or (d) that it is requisite for the public advantage that, if the trade mark remains registered, the regulations should be varied; and the Registrar shall have no jurisdiction to make an order under section 35 on any of those grounds. (2) The Registrar shall rectify the register and the deposited regulations in such manner as may be requisite for giving effect to an order made under subparagraph (1) of this paragraph. 5. Notwithstanding anything in section 45, the Registrar shall not have any jurisdiction to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or to authorize the use of the trade mark. 6. A decision of the Registrar under the provisions of this Schedule shall be subject to appeal to the court. 7. The following provisions of this Act shall not have effect in relation to a certification trade mark, that is to say, section 7, section 9, section 12, sections 20 and 21 (except as expressly applied by this Schedule), subsections (4) to (8) of section 25, sections 29 to 32, section 60 and any provisions the operation of which is limited by the terms thereof to registration in Part B of the register. SECOND SCHEDULE Deleted by 11 of 1965, s. 9. THIRD SCHEDULE (s. 67) Transitional Provisions And Savings Assignments and transmissions (before appointed day) giving exclusive rights in different places in Kenya 1. The validity of an assignment or transmission of a trade mark effected or claimed to have been effected before the appointed day, in any such case as is mentioned in subsection (6) of section 25, shall be determined as if the provisions contained in subsections (1) to (5) of that section had not been enacted. Saving as to retrospective provisions relating to assignments and transmissions 2. The retrospective provisions contained in section 25 shall have effect without prejudice to any determination of the court or the Registrar that was