ADVOKS GLOBAL · KENYA
Standards Act
10. Standardization marks
Edition: 2026-07-10 · In force
10. Standardization marks
(1)The Council shall, by notice in the Gazette, specify a separate mark, to be known as a standardization mark, for each of the following purposes—(a)application to any commodity which is the subject of an order under section 9(2); and(b)application to a commodity which is not the subject of an order under section 9(2) but concerning the manufacture or sale of which the Council has approved as specification.(2)The standardization marks specified under subsection (1) shall not be identical with any trade mark registered under the Trade Marks Act (Cap. 506) or so nearly resemble it as to be likely to be mistaken for it, and no mark identical with those standardization marks or so nearly resembling them as to be likely to be mistaken for them shall be registered as a trade mark under the Trade Marks Act (Cap. 506).(3)Where, after the publication of an order under section 9(2), any person intends to manufacture any commodity to which that order refers after the date specified therein he shall notify the Bureau in the prescribed form of his intention and the Bureau, if it is satisfied that he is capable of manufacturing the commodity in accordance with the relevant Kenya Standard, shall issue him with a permit to use the standardization mark referred to in paragraph (a) of subsection (1).(4)Where any person manufactures, or intends to manufacture, any commodity in respect of which a standardization mark has been specified under paragraph (b) of subsection (1) he or she may notify the Bureau of his or her intention to comply with the approved specification and his or her wish to apply the relevant standardization mark, and the Bureau, if it is satisfied that he or she is capable of manufacturing the commodity in accordance with the relevant specification, shall issue him or her with a permit to use that standardization mark.(5)A permit issued under this section may be issued subject to conditions to be specified therein, which conditions may be varied from time to time, and any person to whom it is issued shall comply with those conditions.(6)No person shall apply a standardization mark specified under subsection (1) to any commodity except under a permit issued by the Bureau or a person acting under its authority and unless that commodity complies with the relevant Kenya Standard or approved specification.(7)Any person who—(a)applies a standardization mark to any receptacle or covering of any commodity or to any label attached to any commodity or any receptacle or covering thereof; or(b)places or encloses any commodity in a receptacle or covering to which a standardization mark has been applied, or in a receptacle or covering to which is attached a label to which any such mark has been applied,shall, for the purposes of subsection (6), be deemed to have applied that standardization mark to that commodity.(8)Any person who contravenes any of the provisions of subsection (3) or (6) or fails to comply with any condition in a permit, shall be guilty of an offence.