A trademark is a form of intellectual property consisting of a recognizable symbol, design or expression that differentiates a product or service. The registration and use of trademarks in Kenya is governed by the Trademarks Act, Laws of Kenya. The Act defines trademarks as a symbol;

1. Indicating connection in the course of trade between the goods and some person having the right either as proprietor or as licensee to use the mark,

2. In relation to services has the purpose of indicating that a particular person is connected, in the course of business, with the provision of those services.

Registration Procedure

During registration of a trademark, the applicant should conduct a search to establish whether the mark is registrable or not and whether the proposed registration adheres to the regulations of the Trademarks Act. The Search is not mandatory but is advisable for the following two reasons;

1. To determine whether there is probability of registration.

2. To avoid trade-mark infringement and potential lawsuits during and after registration.

Process of Registration of a Trademark in Kenya

The applicant is required to file an application for registration which undergoes examination by a Trademark Examiner to ascertain the distinctiveness of the mark (this takes about one month). The examiner shall issue an approval letter to advertise the mark in the KIPI Journal.

The   trademark   is   thereafter published in the Kenya Intellectual Property Institute (KIPI) Journal for advertisement, for a period of thirty (30) days to allow any interested party an opportunity to raise an objection to the pending application prior to the registration.

If no objection is received in a period of two months (60 days), the Registrar of Trademarks issues a Certificate of Registration. For foreign trademark applications, the applicant is required to file the application through an authorized agent.

The registration of trademarks in Kenya accords protection from infringement in Kenya only. If an individual/company seeks to secure a mark in other countries, he/she should consider registering the trademark in those specific countries. It is possible to obtain protection of a mark in several countries by making a single application through the Madrid system which shall only cover countries subscribed to the Madrid system.

Renewal of Trademarks

Trademark registration subsists for ten (10) years from the date of application. Within six months of expiry of the mark, the Registrar of Trademark notifies the owner of the trademark of the impending expiry.

The owner may apply for the renewal of the trademark subject to payment of the applicable fees which covers ten (10) additional years.

How We Can Help

As Imperial Registrars we shall be pleased to assist you or your company in registration, renewal and undertaking relevant compliance measures with respect to your trademark in Kenya. Kindly get in touch with us via (info@imperialregistrars.co.ke) for further assistance.