How to register a Trademark 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.
How to register a Trademark in Kenya.
To register a Trademark in Kenya you shall require the following.
- The name of a company, individual or firm making the application.
- The signature or seal of the applicant.
- An invented word or invented words. Being the trademark name.
- Any other distinctive mark.
Trademark registration procedure in kenya.
- Trademark Name Search.
A preliminary Search is conducted to find out whether the trademark is registrable or not and also whether there exists in the records a trademark which could be confused with the intended trademark. An application for a Name search is done by the applicant or his agent via Form TM27.
- Trademark Application. TM2.Upon the preliminary search approval by the registrar of Trademarks, an application is made to the Registrar on form TM 2, accompanied by seven (7) representations of the trademark Art work.
Where the application for Trademark is done by an Agent of the applicant, The application shall include a Form TM1 – Form for appointment of agent.
The application is accompanied by Form TM 32 – For entry of the address of service in Kenya.
- Examination of Trademark.The formal process of registration of a Trademark in Kenya commences with three stages of Examination.
- Formality examination – A scrutiny of the documents and purpose of the application if in order and legible for processing of the trademark.
- Search – a secondary search is conducted by the registrar of Trade marks to ascertain that there is no similar or closely resembling mark on the Register of Trade Marks in Kenya.
- Substantive Examination – The Mark and description are examined to ensure its distinctiveness and uniqueness.
- Advertisement.Upon successful examination and where the Registrar of Trademarks is satisfied that the application is proper, the application is advertised and published in the KIPI journal to allow interested parties to raise objections to the pending application if any. The advertisement is for 60 days.
Where there is no objection in the mandatory 60 days after publication in the journal, the process of registration begins. The mark shall be registered as at the date of application for Registration.
Protection of a Trademark In Kenya.
A registered trade Mark is protected for a period of 10 years from the date of registration in Kenya. Six months prior to the expiry of the 10 years, the Registrar shall notify the Trade mark owners in writing of the impending expiry date.