Rev. 2009] Trade Marks CAP. 506 Act, 2001. 53 No. 3 of 2001. 64. When an applicant for the registration of a trade mark or an Address for service. agent does not reside or carry on business in Kenya, he shall give the Registrar an address for service in Kenya, and if he fails to do so the Registrar may refuse to proceed with the application until such address has been given. 65. (1) Where any person has registered or has applied for International protection for any trade mark in any foreign state with the government arrangements. of which the Government of Kenya has made arrangements for mutual 11 of 1965, s. 7. protection of trade marks, that person or his legal representative or assignee shall be entitled to registration of his trade mark in priority to other applicants; and that registration shall have the same date as the date of application for protection in the foreign state if the application for registration is made within six months from the date of the application for protection in the foreign state: Provided that nothing in this section shall entitle the proprietor of a trade mark to recover damages for infringements happening prior to the actual date on which his trade mark is registered in Kenya. (2) The registration of a trade mark shall not be invalidated by reason only of the use of the trade mark in Kenya during the period of six months. (3) The application for the registration of a trade mark under this section shall be made in the same manner as an ordinary application under this Act: Provided that any trade mark the registration of which has been duly applied for in the country of origin may be registered under this Act. (4) The provisions of this section shall apply only to those foreign states to which the Attorney-General has by notice in the Gazette declared them to be applicable and so long only as the notice continues in force with respect to those states. (5) Where it is made to appear to the Minister that in any country of the Commonwealth satisfactory provision has been made for the protection of trade marks registered in Kenya, the Ministry may by notice in the Gazette apply the provisions of this section to that country with such variations or additions (if any) as may be stated in the notice. 66. Whenever the last day fixed by this Act, or by any rule for the Provisions as to