PROCESS OF TRADEMARK EXPUNGEMENT

FILING AND EXAMINATION

The appropriate documents to be filed here include the complaint set out in a statement,
fully outlining the particulars of the applicant’s interest; the facts of the case and the relief
he seeks including expungement and costs. The applicant for expungement shall file
enough copies to be able to serve the proprietor of the registered trademark. The application
will first be examined by KIPI to ensure it complies with all procedural requirements and
includes all necessary documents and information. This initial phase focuses on the technical
aspects of your application.

NOTIFICATION

Upon receiving an expungement application, KIPI examines the application for compliance with
the procedural and substantive requirements as stipulated under the Industrial Property Act and
the relevant regulations. If the application meets the preliminary requirements, one of the next
steps involves notifying the owner of the trademark in question.

It is standard practice for KIPI to serve a notice to the trademark owner, informing them of the
expungement application. The notice provides the trademark owner with the opportunity to
respond and oppose the expungement if they wish to. Depending on the specifics of the
expungement process, KIPI may enter into an evidence round. This involves the exchange of
evidence between the applicant (you) and the trademark owner. Each party is given the
opportunity to submit evidence supporting their case. You may be required to provide evidence
demonstrating the grounds for expungement, such as proof of non-use of the trademark

EXPUNGEMENT HEARING

At the close of exchange of evidence, the parties shall be a given a hearing date when they
shall be heard by the Registrar on their respective arguments as pertains to the
expungement proceedings. The proprietor shall notify the Registrar that they intend to
attend the hearing upon receipt of the hearing notice from the applicant for expungement.
The Registrar has the discretion to require the attendance of witnesses to provide oral
testimony or he may require parties to rely on the documentary evidence as filed or he may
require both written evidence and oral testimony to be given before him

DECISION

Once a decision is issued, parties shall be notified of the decision that the Registrar has
made on the application for expungement. An aggrieved party may apply to the Registrar to
provide the materials used in coming to the decision. After considering all the submitted
documents, evidence, and arguments presented during the hearing, KIPI will make a decision on
the application for expungement. This decision can either result in the expungement (removal) of
the trademark from the register, or the application for expungement can be dismissed, allowing
the trademark to remain on the register

APPEAL

Appeals lie to the High Court and an aggrieved proprietor may apply to quash the decision
of the tribunal on presentation of valid grounds for the appeal. If the trademark owner is
dissatisfied with KIPI's decision, there may be grounds to appeal the decision. The appeal
process involves taking the case to a higher authority within thirty (30) days.