What is a trademark?

This is a word, logo, number, device or any combination of the foregoing that is used to distinguish goods or services relating to a particular industry that is registered with the Kenya Industrial Property Institute. It is a mark that essentially identifies your brand within a particular industry or business sector

Where are trademarks filed in Kenya?

Trademarks in Kenya are filed at the Kenya Industrial Property Institute with its office in Lavington.

Why is it important to secure a trademark?

A trademark secures your exclusive right to use the mark as pertains particular goods and services. Anyone using your validly registered trademark is liable to an action for trademark infringement to protect the registered owner’s right to that trademark. Without registering your mark, you are at risk of someone using your brand without legally protecting it, which will be detrimental to you as the actual user

What is the process of trademark registration in Kenya?

1. Do a trademark search using form TM 27 and indicate the exact list of goods or services you wish the mark to apply to using the World Intellectual Propery Organisations’s list of applicable goods and services.
2. Pay the appropriate search fee depending on the number of classes on KIPI ecitizen account
3. File the search application at the KIPI offices. It takes approximately 2/3 weeks to obtain the search result.
4. Upon receiving the search result, if it says the proposed mark is available for registration you can prepare the appropriate application documents including the agent form if using an agent and the application for registration form. Also indicate the address for service of the proposed proprietor.
5. This is similarly paid for on KIPI ecitizen portal and filed at KIPI office.
6. The Application will also indicate the contact person and the address for service as pertains to that application for registration.
7. Once the trademark is registered, the proprietor receives a trademark certificate, that confirms their name and the mark and its trademark classes and the date of registration.
8. Trademark registration lasts for 10 years after which it is renewable before the Kenya Industrial Property Institute.
9. It is also possible to add classes on a trademark once it has been registered by filing the correct form and paying the fees stipulated by the Institute.
10. A trademark owner is entitled to exclusive use of the mark in a particular trademark class or classes in which the mark is registered such that the registered trademark holder can exclusively apply that mark to the classes of goods and/or services over which he has obtained registration

What is the cost of registering a trademarks in Kenya?

The cost varies depending if it is a local or foreign applicant. Locals are charged in KES while foreigner applicants are charged in USD. You can contact us for a quote which will be based on the number of classes of the trademark being registered.

How long does it take to register a trademark in Kenya?

It varies, it can take approximately 8 months to over 1 year and is dependent on factors such as whether, your mark is examined quickly; whether you are asked to make a correction or amendment to your application e.g. to add a disclaimer or provide further meaning of the words used in your application and how soon you respond to these requests for correction from KIPI

What happens if someone opposes my trademark registration application?

These are opposition proceedings and are initiated by an opponent to your trademark application (who usually comes up after advertisement of your application in the Kenya Industrial Property Institute Journal) opposes your right to register the trademark for instance because he is already the registered proprietor of the mark or he is also using the mark in similar goods or services as those in which the applicant intends to register. The opponent will need to serve you, the Applicant, with his reasons for opposition and this shall be heard and determined by the Industrial Property Tribunal to determine if your application for registration should progress in light of the opposition. Appeals lie to the High Court.