Ask a lawyer:
trademark registration in kenya

Table of Contents

1. Introduction

2. Trademark Registration in Kenya 2.1. Eligibility for Trademark Registration 2.2. Trademark Application Process 2.3. Examination and Opposition 2.4. Grant of Trademark Registration 2.5. Renewal of Trademark Registration

3. Conclusion

Introduction

This response will provide information on trademark registration in Kenya, drawing from the Trade Marks Act, 2016 and the Industrial Property Act, 2001.

Trademark Registration in Kenya

2.1. Eligibility for Trademark Registration

To be eligible for trademark registration in Kenya, a mark must meet the following criteria:

• Distinctive: The mark must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. This means the mark should not be too generic or descriptive. (Section 12 of the Trade Marks Act, 2016)

• Not Deceptive: The mark should not be deceptive or likely to deceive the public as to the nature, quality, or geographical origin of the goods or services. (Section 12 of the Trade Marks Act, 2016)

• Not Contrary to Public Order: The mark should not be contrary to public order or morality. (Section 12 of the Trade Marks Act, 2016)

• Not Identical or Similar to Existing Marks: The mark should not be identical or similar to an existing registered trademark for similar goods or services. (Section 13 of the Trade Marks Act, 2016)

2.2. Trademark Application Process

The process for trademark registration in Kenya involves the following steps:

• Filing an Application: The application for trademark registration must be filed with the Kenya Industrial Property Institute (KIPI). The application must include the following information:

  • The name and address of the applicant

  • The goods or services for which the mark is intended

  • A representation of the mark

  • The applicant's signature

• Payment of Fees: The applicant must pay the prescribed fees for filing the application.

• Examination: KIPI will examine the application to ensure that it meets the requirements for registration.

• Publication: If the application is accepted, it will be published in the Kenya Industrial Property Journal. This allows third parties to oppose the registration.

2.3. Examination and Opposition

During the examination process, KIPI will assess the application based on the following criteria:

• Distinctiveness: The mark must be distinctive enough to be capable of distinguishing the goods or services of one undertaking from those of other undertakings.

• Deceptiveness: The mark should not be deceptive or likely to deceive the public as to the nature, quality, or geographical origin of the goods or services.

• Public Order: The mark should not be contrary to public order or morality.

• Similarity to Existing Marks: The mark should not be identical or similar to an existing registered trademark for similar goods or services.

If KIPI finds that the application meets the requirements for registration, it will be published in the Kenya Industrial Property Journal. This allows third parties to oppose the registration.

2.4. Grant of Trademark Registration

If no opposition is filed within the prescribed time, or if the opposition is unsuccessful, KIPI will grant the trademark registration. The registration certificate will be issued to the applicant, and the mark will be protected for a period of ten years from the date of registration.

2.5. Renewal of Trademark Registration

Trademark registrations in Kenya must be renewed every ten years. The renewal application must be filed with KIPI within six months before the expiry date of the registration.

Conclusion

Trademark registration in Kenya is a crucial step for businesses seeking to protect their brand identity and prevent others from using similar marks. By following the prescribed process and meeting the eligibility criteria, businesses can secure valuable intellectual property rights that can contribute to their success.

Answered by mwakili.com

---