42 CAP. 506 Trade Marks [Rev. 2009 of Kenya. (3) Where there is a conflict between the provisions of this Act and the provisions of the Banjul Protocol on Marks, this Act shall prevail. (4) The provisions of this Act with respect to legal proceedings and appeals relating to registered trade marks shall apply to international trade marks. Part VIII - Rules And Fees Power of Minister to make rules. 39 of 1956, Sch., 5 of 1994. 41. The Minister may make such rules, prescribe such forms and generally do such things as he thinks expedient – (a) for regulating the practice under this Act, including the service of documents; (b) for classifying goods and services for the purposes of registration of trade marks; (c) for making or requiring duplicates of trade marks and other documents; (d) for securing and regulating the publishing and selling or distributing, in such manner as the Minister thinks fit, of copies of trade marks and other documents; (e) generally, for regulating the business of the Registrar in relation to trade marks and all things by this Act placed under the direction or control of the Registrar. Fees. 42. There shall be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed by the Minister. Part IX - Powers And Duties Of Registrar Preliminary advice by Registrar as to distinctiveness. 43. (1) The power to give to a person who proposes to apply for the registration of a trade mark in Part A or Part B of the register advice as to whether the trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be, shall be a function of the Registrar under this Act. (2) A person who is desirous of obtaining such advice shall make application to the Registrar therefor in the prescribed manner. (3) If on an application for the registration of a trade mark as to