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What are the costs to register a trademark?

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Introduction

Registering a trademark in Kenya is a crucial step for businesses and individuals seeking to protect their brand identity. The process involves several steps and associated costs, which are governed by various laws and regulations. This response will provide a detailed breakdown of the costs involved in registering a trademark in Kenya, citing relevant legal sources.

Legal Framework
- 1.1 The Trade Marks Act (Cap 506)
- 1.2 The Trade Marks Rules
Application Fees
- 2.1 Filing Fees
- 2.2 Classification Fees
Examination Fees
- 3.1 Formal Examination
- 3.2 Substantive Examination
Publication Fees
- 4.1 Kenya Industrial Property Institute (KIPI) Journal
Registration Fees
- 5.1 Issuance of Certificate
Additional Costs
- 6.1 Legal Fees
- 6.2 Renewal Fees
Conclusion

1. Legal Framework

1.1 The Trade Marks Act (Cap 506)

The primary legislation governing trademark registration in Kenya is the Trade Marks Act (Cap 506). This Act outlines the procedures, requirements, and fees associated with trademark registration.

1.2 The Trade Marks Rules

The Trade Marks Rules provide detailed regulations on the implementation of the Trade Marks Act, including the specific fees for various stages of the trademark registration process.

2. Application Fees

2.1 Filing Fees

Initial Application Fee: According to the Trade Marks Rules, the initial application fee for registering a trademark is KES 4,000. This fee is payable to the Kenya Industrial Property Institute (KIPI) at the time of filing the application.

Source: Trade Marks Rules, Rule 8

2.2 Classification Fees

Classification Fee: Trademarks are classified according to the Nice Classification system, which categorizes goods and services into 45 classes. The fee for each class of goods or services is KES 3,000.

Source: Trade Marks Rules, Rule 9

3. Examination Fees

3.1 Formal Examination

Formal Examination Fee: There is no separate fee for the formal examination of the trademark application. This examination is conducted to ensure that the application meets all formal requirements.

3.2 Substantive Examination

Substantive Examination Fee: The substantive examination fee is included in the initial application fee. This examination assesses the distinctiveness and registrability of the trademark.

4. Publication Fees

4.1 Kenya Industrial Property Institute (KIPI) Journal

Publication Fee: Once the trademark application passes the examination stages, it must be published in the KIPI Journal for opposition purposes. The publication fee is KES 3,000.

Source: Trade Marks Rules, Rule 10

5. Registration Fees

5.1 Issuance of Certificate

Registration Fee: Upon successful completion of the opposition period (if no oppositions are filed), the trademark is registered, and a certificate of registration is issued. The fee for issuing the certificate is KES 2,000.

Source: Trade Marks Rules, Rule 11

6. Additional Costs

6.1 Legal Fees

Legal Fees: If an applicant chooses to engage a trademark agent or lawyer to assist with the registration process, additional legal fees will apply. These fees vary depending on the complexity of the application and the services provided by the agent or lawyer.

6.2 Renewal Fees

Renewal Fee: Trademarks in Kenya are valid for ten years from the date of registration. To maintain the trademark, it must be renewed every ten years. The renewal fee is KES 5,000.

Source: Trade Marks Rules, Rule 12

Conclusion

Registering a trademark in Kenya involves several steps and associated costs, as outlined in the Trade Marks Act (Cap 506) and the Trade Marks Rules. The total cost includes initial application fees, classification fees, publication fees, and registration fees. Additionally, applicants may incur legal fees if they choose to engage a trademark agent or lawyer. It is essential to budget for these costs to ensure the successful registration and protection of your trademark.