ADVOKS GLOBAL · KENYA
Registration of Business Names Act
17. Restriction on registration of certain business names
Edition: 2022-12-31 · In force
17. Restriction on registration of certain business names
(1)The Registrar shall refuse to register, or, in the case of an application under section 9, to register a change of business name of, any firm, individual or corporation carrying on, or proposing to carry on business under a business name—(a)which contains any word which, in the opinion of the Registrar, is likely to mislead the public as to the nationality, race or religion of the persons by whom the business is wholly or mainly owned or controlled;(b)which includes any of the words "Presidential", "Government", "Municipal" or any other word which imports or suggests that the business enjoys the patronage of the President or imports any connection with the Government or with any municipality or other local authority;(c)which includes the word "co-operative" or its equivalent in any other language or any abbreviation thereof;(cc)which includes the words "Old Law Courts Mombasa" "National Monument" "Lamu Fort" "Nairobi Botanical Gardens" "Nairobi Snake Park" "National Museum" "Fort Jesus", or "Karen Blixen";(d)which is identical with or is similar to that of a business or corporation existing, or is already registered under this Act or under the Companies Act (Cap. 486), if in the opinion of the Registrar such registration would be likely to mislead the public;(e)which in the opinion of the Registrar is undesirable.(2)Not less than seven days before commencing business under, or commencing to use, a business name, every firm, individual or corporation which after such commencement would be required under this Act to be registered shall, before posting or delivering to the Registrar the statement of particulars as required by section 6, or, in the case of a proposed change of business name, the notice of change required by section 9, send by registered post or deliver to the Registrar the prescribed fee together with a written request to be informed whether or not the business name to be proposed for registration as required by either of those sections may be registered; and the Registrar shall, within seven days of receipt of the prescribed fee, send by post or deliver to the address of such firm, individual or corporation a notification in writing stating whether or not such business name may be registered.(3)Where the Registrar has stated that any business name or change of business name may be registered, the firm, individual or corporation which made the request shall be entitled to registration in that business name at any time within twenty-eight days of the date of the decision of the Registrar, and during that time no other firm, person or corporation shall be entitled to registration in, or of registration of change to that business name.(4)If, after the commencement of this Act—(a)any firm, individual or corporation is, through inadvertence or otherwise, registered under a business name under which registration under this Act ought to have been refused; or(b)any change of ownership of a business occurs as a result of which a firm, individual or corporation is carrying on business under a business name which, on an application for registration under this Act, ought to have been refused,the Registrar shall, by notice in writing, require such firm, individual or corporation to change such business name within such time as may be specified in such notice, and upon compliance with such notice the Registrar shall record such change without requiring the payment of any fee; and if default is made in complying with his requirements the Registrar may cancel the entry in the register relating to such firm, individual or corporation:Provided that, where the Registrar is satisfied that, having regard to the nature of any business and the nationality, race or religion of the persons employed therein, the retention of the business name would not be contrary to the public interest, he may in his absolute discretion permit the retention of such name subject to such conditions as he may think fit.(5)Where registration of a business name or change of business name is refused under subsection (1), any person carrying on business under that name in circumstances which require registration under this Act shall be guilty of an offence.(6)Any person aggrieved by a decision of the Registrar under this section may appeal to the High Court, whose decision shall be final.