Rev. 2009] Trade Marks CAP. 506 29 (ii) goods associated with those services or services of that description, being services, or as the case may be, goods in respect of which the trade mark is registered; (2) Where in relation to any goods or services in respect of which a trade mark is registered (a) the matters referred to in paragraph (b) of subsection (1) of this section are shown so far as regards non-use of the trade mark in relation to goods or services to be sold, or otherwise traded in, in a particular place in Kenya (otherwise than for export), or in relation to goods or services to be exported to a particular market; and (b) a person has been permitted under subsection (2) of section 15 to register an identical or nearly resembling trade mark in respect of those goods or services under a registration extending to use in relation to goods or services to be sold, or otherwise traded in, or services to be performed in that place (otherwise than for export), or in relation to goods or services to be exported to that market, or the court or the Registrar is of opinion that he might properly be permitted so to register such a trade mark, on application by that person to the court, or, at the option of the applicant and subject to the provisions of section 53, to the Registrar, the court or the Registrar, as the case may be, may impose on the registration of the first-mentioned trade mark such limitations as the court or the Registrar thinks proper for securing that that registration shall cease to extend to the last-mentioned use. (3) An applicant shall not be entitled to rely for the purposes of paragraph (b) of subsection (1), or for the purposes of subsection (2), on any non-use of a trade mark that is shown to have been due to special circumstances or in relation to particular services and not to any intention to abandon the trade mark to which the application relates. 30. (1) Where a trade mark consisting of an invented word or Defensive invented words has become so well known as respects any goods in registration of well known trade marks. respect of which it is registered and in relation to which it has been used that the use thereof in relation to other goods would be likely to be taken as indicating a connexion in the course of trade between those goods and a person entitled to use the trade mark in relation to the first-mentioned goods, then, notwithstanding that the proprietor registered in respect of the first-mentioned goods does not use or propose to use the trade mark in relation to those other goods and notwithstanding anything in section

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