78 CAP. 506 [Subsidiary] Notations indicating association no longer of any effect. L.N. 146/2003. 61. A notation in the Register included as a result of a trade mark having been associated with another trade mark under section 26 of the Act before that section was repealed is of no effect. Trade Marks [Rev. 2009 Death of applicant before registration. 62. In case of the death of any applicant for the registration of a trade mark after the date of his application and before the trade mark applied for has been entered in the register, the Registrar, after the expiration of the prescribed period of advertisement and the determination of any opposition to the application, may, on being satisfied of the applicant’s death, enter in the register, in place of the name of the deceased applicant, the name, address and description of the person owning the trade mark, on ownership being proved to the satisfaction of the Registrar. Certificate of registration. L.N. 146/2003. 63. Upon the registration of a trade mark the Registrar shall issue to the applicant a certificate in form TM 10A, and shall affix thereto a copy of the mark. Renewal Renewal of registration. L.N. 146/2003. 64. (1) At any time not more than ninety days before the expiration of the last registration of a trade mark, any person may leave at the office a fee for the renewal of the registration of the mark in form TM 10, and, if he is not the registered proprietor, shall sign a statement on the form that he is directed by the registered proprietor to pay the fee (if such be the case) and shall give his address. (2) Before taking any further step, the Registrar may either(a) require the person leaving the fee to furnish within ten days an authority to pay the fee signed by the registered proprietor, and if he does not furnish that authority may return the fee and treat it as not received; or (b) communicate with the registered proprietor stating that the fee has been received and that the registration will in due course be renewed. Notice before removal of trade mark from register. L.N. 146/2003. 65. At a date not less than thirty days and not more than sixty days before the expiration of the last registration of a mark, if no fee in form TM 10 has been received, the Registrar shall notify the registered proprietor in writing of the approaching expiration. Second notice. L.N. 146/2003. 66. At a time not less than fourteen days and not more than thirty days before the expiration of the last registration of a mark, the Registrar may, if no renewal fee has been received, send a notice in writing to the registered proprietor at his trade or business address as well as at his address for service, if any. Advertisement of non-payment. 67. If at the date of the expiration of the last registration of a mark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Journal or Kenya Gazette, and, if within one month after that advertisement

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