Act 17 Trademarks Act 2010 (9) On an appeal under this section no further grounds of objection to the registration of a trademark shall be allowed to be taken by the person objecting or the registrar, other than those stated by the person objecting, except by leave of the court. (10) Where any further grounds of objection are taken, the applicant is entitled to withdraw his or her application without payment of the costs of the person objecting on giving notice as prescribed. (11) On hearing the appeal, the court may permit the trademark proposed, to be registered and modified in a manner not substantially affecting its identity and the modified trademark shall be published in the prescribed form before being registered. (12) Where a person who gives notice of an objection or an applicant who sends a counter statement after receipt of a copy of a notice or an appellant, does not reside or carry on business in the East African Community, the court or the registrar may require him or her to give security for costs of the proceedings before the court or the registrar relating to the objection or to the appeal, as the case may be, and if the security is not given may treat the objection or application or the appeal as abandoned. 13. Marks registrable as certification marks. (1) A mark adapted in relation to any goods to distinguish, in the course of trade, goods certified by a person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not certified shall be registrable as a certification mark in Part A or Part B of the register in respect of those goods in the name of that person as owner. (2) A mark shall not be registrable under subsection (1) in the name of a person who carries on a trade in goods of the kind certified. (3) A mark adapted in relation to any services to distinguish in the course of business services certified by any person in respect of quality, accuracy or other characteristic, from services certified, shall be registrable as a certification mark in Part A of the register in respect of those services in the name of that person. 14

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