74 CAP. 506 Trade Marks [Rev. 2009 [Subsidiary] Regulations and application to be open to inspection. 40. If the Registrar decides to accept the application the regulations for governing the use of the mark approved by the Registrar, as well as the form of application, shall be open to public inspection. Registrar’s refusal. 41. If the Registrar decides to refuse to accept the regulations or to accept the regulations subject to conditions, limitations, amendments or modifications, he shall inform the applicant of his objections in writing and shall, if required, hear the applicant. Advertisement of Application Advertisement of application. L.N. 146/2003. 42. (1) An application for the registration of a trade mark shall be advertised in the Journal or Kenya Gazette in such manner as the Registrar may direct. (1A) If an application that has been advertised under paragraph (1) is withdrawn, the withdrawal shall be advertised in the Journal or Kenya Gazette in such manner as the Registrar may direct. (2) In the case of an application with which the Registrar proceeds only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant, the words “By Consent” shall appear in the advertisement. (3) If no representation of the trade mark is included in the advertisement of the application, the Registrar shall refer in the advertisement to the place or places where a specimen or representation of the trade mark is deposited for exhibition. Representations or information from applicant. L.N. 146/2003. 43. For the purpose of advertising a trade mark, the Registrar may, at the appropriate time, require the applicant to supply- (a) up to ten printed representations of the trade mark satisfactory to the Registrar; or (b) such other information or means of advertising the trade mark as the Registrar requires. Advertising of series of trade marks. L.N. 146/2003. 44. The following shall apply if the application relates to a series of trade marks differing from one another in respect of the particulars mentioned in section 24 (3) of the Act- (a) rule 43 shall apply with respect to each of the trade marks in the series; and (b) the Registrar may, instead of advertising a representation of each of the trade marks in the series, include with the advertisement a statement describing how the trade marks differ from each other. Advertisements 45. Advertisements under section 21 (10) and 38 (2) and (4) of the

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