Kenya

Legal basis is the Trade Marks Act Chapter 506 of the Laws of Kenya (“the Act”), as last amended by the Statute Law (Miscellaneous Amendments) Act No. 7 of 2007.

Trademark registration classification:

Nice Classification

 Requirements: 

  • The name of a company, individual or firm, represented in a special or particular manner;
  • The signature of the applicant or some predecessor in his business;
  • An invented word or invented words;
  • A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname;
  • Any other distinctive mark, but a name, signature or word or words, other than such as fall within the descriptions in paragraphs (1), (2), (3) and (4) above , cannot be considered registrable except upon evidence of its distinctiveness
  • A power of attorney is necessary. No legalization or notarization is necessary.

Procedure:

  • A trademark application is filed at the Kenya Industrial Property Institute (KIPI).
  • Once the Application for registration is received, it then proceeds for examination which includes formal examination and also undergo Substantive examination.
  • Once the Application accepted, advertisement is the next step. The Trade mark is advertised in the KIPI Journal (which is published monthly).This is to allow any interested party an opportunity to raise objections to the pending application prior to registration.
  • An opposition must be made within 60 days of the publication date, by filing a statement of opposition.
  • If there is no opposition to the trade mark after the statutory 60 days period from the date of advertisement, or if an opposition has been decided in the applicants favour, the application will be registered and the Institute will issue a Certificate of Registration and enter the registration.
  • It takes approximately 12-14  months from filling to registration, in case no oppositions are presented.

Duration and Renewal: Trademark protection is valid on its registration with the effective date of the registration being the date of the application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years thereafter.

 

 Fee Structure
          
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