80 [Subsidiary] Application for entry of assignment without goodwill. LN. 42/1995, L.N. 146/2003. CAP. 506 Trade Marks [Rev. 2009 title as he may require for his satisfaction. 76. (1) An application under rule 71 relating to an assignment on or after the appointed day of a trade mark in respect of any goods or services shall state(a) whether the trade mark was, at the time of the assignment, used in a business in any of those goods or services, as the case may be; and (b) whether the assignment was made otherwise than in connexion with the goodwill of that business; and, if both those circumstances subsisted, the applicant shall leave with the Registrar a copy of the Registrar’s directions to advertise the assignment, obtained upon application under subsection (7) of section 25 of the Act and rule 80 of these Rules, and such proof, including copies of advertisements or otherwise, as the Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application. (2) For the purposes of section 32(4) of the Act, the period within which a corporation may be registered as the subsequent proprietor shall be six months after the date of advertisement of the registration in the Journal or Kenya Gazette. Entry in register. L.N. 42/1995. 77. When the Registrar is satisfied as to the title of the person claiming to be registered, he shall cause him to be registered as proprietor of the trade mark in respect of the relevant goods or services, and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission. Separate registrations. L.N. 42/1995, L.N. 146/2003. 78. Where, pursuant to an application under rule 71, and as the result of a division and separation of the goods or services of a registration or a division and separation of places or markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Act. Registrar’s certificate of approval as to certain assignments and transmissions. L.N. 146/2003. 79. (1) Any person who desires to obtain the Registrar’s certificate under subsection (5), or his notification of approval under subsection (6), of section 25 of the Act shall send to the Registrar, with his application in form TM 39 or 40, as the case may be, a statement of case in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission. (2) The Registrar may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances, and shall if required be verified by a statutory declaration. (3) The Registrar, after hearing if so required the applicant and any other