IP/N/llKENff/l Page 61 [Subsidiary'] 53. (1) Where there are exhibits to declarations filed in an opposi­ tion, copies or impressions of such exhibits shall be sent to the other party on his request and at his expense, or, if such copies or impres­ sions cannot conveniently be furnished, the originals shall be left with the Registrar in order that they may be open to inspection. Exhibits. (2) The original exhibits shall be produced at the hearing unless the Registrar otherwise directs. 54. (1) Upon completion of the evidence, the Registrar shall give notice to the parties of a date when he will hear the arguments in the' case. (2) An appointment shall be for n date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice. (3) Within seven days from the receipt of the notice any party who intends to appear shall so notify the Registrar in form TM 8. Hearing. (4) A party who receives notice and who does not, within seven days from the receipt thereof, so notify the Registrar in form TM ~, may be treated as not desiring to be heard and the Registrar may act accordingly. 55. Where in opposition proceedings any extension of time is granted 10 any party, the Registrar may thereafter, without giving that party a hearing, grant any reasonable extension of time 1:0 any other party in which to take any suhsequent steps. 56. \Vhere a party giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such a notice neither resides nor carries on business in Kenya, the Registrar may require him to give security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as to the Registrar may seem fit, and at any stage in the opposition proceedings may require further security to be given at any time before his decision in the case. 57. In the event of an opposition being uncontested by the appli­ cant, the Registrar in deciding Whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant ,before the notice of opposition was lodged. 58. Within sixty days from the date of any advertisement in the Gazette of an application for the registration of a certification trade mark, any person may give notice to the Registrar in form TiY1 36 of opposition under subparagraph (I) of paragraph 2 of the First Schedule to the Act: and rules 47 to 57 shall apply mutatis mutandis to the proceedings thereon with substitution of fonn TM 37 for form TM 7 and form TM 38 for form TM 8; and in any case of doubt any party may apply to the Registrar for directions. Extension of time. Security for costs. Costs in uncontested case. Opposition to application under section 40. Non-Completion 59. (l) \Vhere registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall in forrn TM 9A give notice in writing to the applicant at his trade or business address of the non-completion, but if the applicant has authorized an agent for Non-completion of registration. 15 of 86

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