Rev. 2009] Trade Marks CAP. 506 “International Classification of the Figurative Elements of Marks” means the classification established by the Vienna Agreement establishing an international classification of the Figurative Elements of Marks, of the 12th June 1973, as revised and amended from time to time; “Journal” means the Industrial Property Journal published by the Institute; “licensee” means a person who is for the time being registered as such under section 31; “limitations” means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode of use, as to use in relation to goods to be sold, or otherwise traded in, in any place within Kenya, or as to use in relation to goods to be exported to any market outside Kenya; “mark” includes a distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof whether rendered in two-dimensional or threedimensional form; “permitted use” has the meaning assigned to it by subsection (1) of section 31; “prescribed” means, in relation to proceedings before the court, prescribed by rules of court, and, in other cases, prescribed by this Act or the rules; “profession” means a calling or occupation, not being a trade or handicraft, carried on by an individual person being a member of a lawfully established body of persons each of whom is qualified and licensed by that body as having acquired and holding the specialized knowledge necessary to enable that person to practice in the particular department of learning or science with which such body is concerned; Act; “register” means the register of trade marks kept under this “registered trade mark” means a trade mark that is actually on the register; “Registrar” means the Registrar of Trade Marks appointed under 7

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