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What are the requirements for trademark registration in Kenya?

What are the requirements for trademark registration in Kenya? A Trademark or Brand registration helps protect against intellectual property infringement and use of creative works by third parties to the registered creative work. Trademarks in Kenya are also referred to as Brand names.

What are the requirements for trademark registration in Kenya?

  • Proposed Trade Mark name for name search approval.
  • Proposed Art Work and Trade mark description. In soft and Hard copy
  • Names of the applicant /s in Full.
  • Postal address for the Applicant.
  • Proposed Physical address of the Applicants. Address includes road, plot number, town, county / Country.
  • Copy of Registration certificates where applicants is a Business.

Who can register a trademark in Kenya?

The following are eligible to register a Trademark In Kenya as long as they meet the threshold of the Act.

  • Individuals.
  • Legal firms
  • Companies
  • cooperatives.
  • Society

What information is required to register a trademark in Kenya.

  • Name of the individual, firm, cooperative society or company making the application.
  • Nationality of the applicant. As this determines the cost.
  • Representation of the proposed trade mark.
  • Contact information of the applicant. Postal address, email address, Telephone number and physical address.

Categories of of Trade Marks in Kenya.

Trademarks in Kenya are categorized in accordance to the international Classification of goods and services as provided for under the NICE protocol.

A Trade Mark may be registered under any of the 45 Classes or a combination of any of the classes subject to the Nature of goods and services.

Types of Trademarks in Kenya.

The following are types of Trademarks in Kenya.

  1. Trade marks: Marks used to identify certain goods as those produced by a specific enterprise.
  2. Service marks: Marks used to identify certain services as those provided by a specific enterprise.
  3. Collective marks: Marks used to identify goods or services produced or provided by members of an association.
  4. Certification marks: Marks used to identify products that comply with a set of standards and have been certified by a certifying authority.
  5. Well-known marks: Marks that are considered to be well known in the market and as a result benefit from stronger protection.

Why a company should register a Trademark in Kenya?

  1. A Trademark Ensures that consumers can distinguish between products and services in the market place
  2. A Trademark Enables companies to differentiate between their products
  3. A trademark Is a marketing tool and the basis for building a brand image and reputation
  4. A trademark May be licensed and provide a direct source of revenue through royalties.
  5. A trademark May be a crucial component of franchising agreements
  6. A trademark May be a valuable business asset Encourages companies to invest in maintaining product quality
  7. A trademark May be useful for obtaining financing

The following are generally excluded from registration.

  1. Marks whose use would be likely to deceive or cause confusion
  2. Marks that closely resemble registered trademarks and are proposed to be registered in respect of the goods or services covered under the prior similar registrations.
  3. Touch, scent, taste and sound marks.
  4. the words ‘patent’, ‘patented’, ‘registered’, ‘registered design’, ‘copyright’, ‘entered at Stationer’s Hall’, ‘to counterfeit this is a forgery’ or similar words.
  5. Representations of the head of state of any foreign state, or any colourable imitation thereof.
  6. The phrases ‘Red Cross’ or ‘Geneva Cross’ and representations of the Geneva and other crosses in red or the Swiss federal cross in white on a red background or silver on a red background, or such representations in a similar color or colors.
  7. Any specified emblems, likenesses and names under the National Flag, Emblems and Names Act (these may be registrable where the applicant obtains the written permission of the competent authority.
  8. Any honor, award, title or abbreviation of a title created by the president.
  9. Armorial bearings, insignia or flags of any foreign state or international intergovernmental organization.
  10. Any title or abbreviation of any international intergovernmental organization.
  11. Marks consisting of or containing the Olympic symbol.

what is the cost to register a trademark in Kenya?

  1. Name search for local TM KES 3000, International TM USD 150
  2. Application for application KES 4000, International USD 200
  3. Registration fee local KES 4000, International USD 150
  4. Advertisement fee KES 3000, International USD 60
  5. Appointment of Agent local KES 1000, International USD 50
  6. Consultation fee on advice
  7. NOTE – The above fee are preliminary guidance fees for only single Class of trademarks. Email for the complete schedule.

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