Kenya Trademark Registration & Search

Our professional trademark attorney in Kenya will prepare and file your trademark for registration in the country.

When you register your trade mark, you’ll be able to:

1. Take legal action against anyone who uses your brand without your permission, including counterfeiters

2. Put the ® symbol next to your brand - to show that it’s yours and warn others against using it

3. Sell and license your brand

 

Legal Basis and Scope:

Kenya offers a robust framework for trademark registration, governed by the Trade Marks Act Chapter 506 of the Laws of Kenya. This Act, last amended by the Statute Law (Miscellaneous Amendments) Act No. 7 of 2007, serves as the legal basis for trademark protection in the country.

International Engagement:

Kenya actively participates in international trademark agreements. It is a member of the Madrid Protocol and the Madrid Agreement, facilitating international trademark registrations.

Banjul Protocol and ARIPO:

While the Trade Marks Act was amended to align with the Banjul Protocol on Marks administered by the African Regional Intellectual Property Organization (ARIPO), Kenya has yet to ratify the Protocol for full implementation.

Nice Classification:

Trademark classification in Kenya follows the 11th edition of the Nice Classification system.

Types of Registrable Trademarks:

Various forms of marks are registrable in Kenya, including distinguishing guises, slogans, devices, brands, headings, labels, tickets, names, signatures, words, letters, numerals, or any combination thereof, whether rendered in two-dimensional or three-dimensional form.

Trademark Categories:

Kenya recognizes several trademark types, including trademarks, service marks, defensive marks, certification marks, and collective marks.

Application Process:

Trademark applications are submitted to the Kenya Industrial Property Institute (KIPI). Notably, multiple-class applications are possible, allowing a single application to cover goods or services in different classes.

Foreign Applicants:

Foreign applicants do not require prior domestic registration. However, they must engage a local agent to facilitate the application process. An original (hard copy) power of attorney is necessary, with no legalization or notarization required.

Publication and Opposition:

Before registration, the mark is published in the monthly KIPI Industrial Property Journal, which has been available electronically since September 2011. The opposition period is 60 days from the publication date, with an optional extension of up to 90 days.

Trademark Duration and Renewal:

Trademark protection begins upon registration, with the effective date being the application date. Registrations are valid for 10 years from the application date and can be renewed in successive 10-year periods.

In Conclusion:

Kenya's trademark registration system is in line with international standards, offering comprehensive protection for various types of marks. With provisions for foreign applicants and active engagement in international agreements, Kenya provides a secure environment for safeguarding intellectual property rights.