142 [Subsidiary] CAP. 506 Trade Marks [Rev. 2009 notification of such a refusal under the applicable treaty had not expired; or   (c) the extension of the protection of the trade mark to Kenya was requested and refused but the proprietor’s remedies to challenge that refusal had not yet been exhausted. (2)  In this rule, “basic registration” means the registration of a trade mark in a country, other than Kenya, upon which the international registration is based. Application to transform to Kenyan registration.  Automatic registration. Continuation of unfinished proceedings. Pending applications. 18. (1) The proprietor of an internationally registered trade mark which is cancelled may apply to have the international registration transformed to a Kenyan registration.   (2) An application under paragraph (1) shall be made to the Registrar in form TM (International) 1.   19.  If an application for a transformation is made in the circumstances described in rule 13 (1) (a), the application to transform the international registration shall be granted and the trade mark shall be registered.   20. If an application for a transformation is made in the circumstances described in subparagraph (b) or (c) of rule 13 (1), the application to transform the international registration shall be dealt with under the Trade Marks Rules as though it were an application under those Rules subject to the following   (a) If the international application had been advertised under rule 8 (b), that advertisement shall be deemed to have been an advertisement of the application under the Trade Marks Rules;   (b) Any steps or proceedings taken under these Trade Marks Rules with respect to the extension of protection to Kenya before the international registration was cancelled shall be deemed to have been taken with respect to the transformation application and any such proceedings that have not been completed shall be continued under the Trade Marks Rules. Part V - Pending Applications   21. (1) Any international registration in respect of which an application is pending before the institute at the time of the coming into operation of these Rules shall   (a) where the period of notice prescribed under the applicable treaty has expired, be entered into the register maintained under Rule 14; and   (b) where the period referred to in subparagraph (a) has not expired, be examined by the Registrar in accordance with these Rules.  

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