Rev. 2009] Trade Marks CAP. 506 Consul, or a notary public, or before a judge or magistrate. 89 [Subsidiary] 113. Any document purporting to have affixed, impressed or subscribed Presumption as to thereto or thereon the seal or signature of any person authorized by rule 112 to seal of officer taking take a declaration in testimony that the declaration was made and subscribed declaration. before him may be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration. Search 114. (1) Any person may request the Registrar to cause a search to be made in respect of specified goods and services to ascertain whether any mark is on record that resembles a trade mark provided by the person. Searches. L.N. 42/1995, L.N. 146/2003. (1A) An application under paragraph (1) shall be in form TM 27 and shall be accompanied by duplicate representations of the trade mark. (2) The Registrar shall cause such a search to be made and the person making the request to be informed of the result thereof. Copies 115. A person who wishes to obtain a copy of a document kept by the Registrar shall use form TM 54. Copies of documents. L.N. 146/2003. 116. (Deleted by L.N. 146/2003, s.61). Appeals to the Court 117. When a person intends to appeal to the court, the appeal shall be Appeal to court. made by motion in the usual way, and no such appeal shall be entertained unless notice of motion is given within sixty days from the date of the decision appealed against or within such further time as the Registrar shall allow. Applications to and Orders of the Court 118. Every application to the court under the Act shall be served on the Registrar. 119. (1) Where an order has been made by the court in any case under the Act, the person in whose favour the order has been made, or such one of them if more than one, as the Registrar may direct, shall forthwith leave at the office an office copy of the order, together with form TM 46, duly completed, if required. (2) The register may, if necessary, thereupon be rectified or altered by the Registrar. 120. Whenever an order is made by the court under the Act, the Registrar may, if he thinks that the order should be made public, publish it in the Journal or Kenya Gazette. Applications to court. Order of court. Publication of order of court. L.N. 146/2003.

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