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Draft a trademark registration application for a company logo

Trademark Registration Application for a Company Logo

Table of Contents

  1. Introduction

  2. Trademark Registration Application

  3. Conclusion

Introduction

This document outlines the process for drafting a trademark registration application for a company logo in Kenya. It will provide a step-by-step guide, drawing from relevant legal provisions and regulations.

Trademark Registration Application

1. Sources:

  • The Trade Marks Act, 2016

  • The Trade Marks Rules, 2017

2. Applicant Information:

  • Name of Applicant: [Full legal name of the company]

  • Address of Applicant: [Full address of the company]

  • Contact Information: [Phone number, email address, and website of the company]

3. Mark Information:

  • Mark Description: [Detailed description of the logo, including colors, shapes, and any other distinctive features]

  • Mark Type: [Specify the type of mark, e.g., logo, word mark, design mark]

  • Goods and Services: [List of goods and services for which the trademark is intended to be used]

4. Filing Requirements:

  • Application Form: The application form must be completed and signed by the applicant or their authorized representative.

  • Power of Attorney: If the application is filed by a representative, a power of attorney must be submitted.

  • Representation of the Mark: The application must include a clear representation of the mark, such as a photograph, drawing, or digital image.

  • Fee: The prescribed fee must be paid at the time of filing.

5. Examination Process:

  • Preliminary Examination: The Kenya Industrial Property Institute (KIPI) will conduct a preliminary examination to determine if the mark meets the requirements for registration.

  • Search Report: KIPI will conduct a search to determine if the mark is similar to any existing trademarks.

  • Opposition Period: If the mark is accepted for registration, a period of opposition will be allowed for any third party to file an objection.

6. Registration:

  • Certificate of Registration: If the mark is successfully registered, KIPI will issue a certificate of registration.

  • Renewal: The trademark registration must be renewed every ten years.

7. Sample Trademark Registration Application:

Application for Registration of Trademark

Applicant: [Full legal name of the company]

Address: [Full address of the company]

Contact Information: [Phone number, email address, and website of the company]

Mark Description: [Detailed description of the logo, including colors, shapes, and any other distinctive features]

Mark Type: [Specify the type of mark, e.g., logo, word mark, design mark]

Goods and Services: [List of goods and services for which the trademark is intended to be used]

Representation of the Mark: [Attach a clear representation of the mark, such as a photograph, drawing, or digital image]

Declaration:

I, [Name of applicant], being the applicant for the registration of the trademark, hereby declare that:

  • I am the owner of the trademark.

  • The trademark is not identical or similar to any existing trademark.

  • The trademark is not contrary to public order or morality.

Signature:

[Signature of applicant]

Date:

[Date of application]

8. Additional Considerations:

  • Trademark Search: It is advisable to conduct a trademark search before filing an application to ensure that the mark is not already registered or in use.

  • Professional Advice: It is recommended to seek professional advice from a trademark attorney or agent to ensure that the application is properly prepared and filed.

Conclusion

This document provides a comprehensive guide to drafting a trademark registration application for a company logo in Kenya. By following the outlined steps and adhering to the relevant legal provisions, companies can secure valuable intellectual property rights for their brand identity. It is crucial to remember that the process can be complex, and seeking professional assistance is highly recommended.

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