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How do you go about registering a trademark under the Laws of Kenya?

TRADEMARK RIGHTS

A trade mark is a sign which distinguishes the goods or services of an enterprise from those of others. It may consist of letters, numbers or pictures. The words and artwork of the Slogan/Brand name ought to be Trade-marked avoid imposters registering it and posing as CBM or as the proprietors of the Slogan/Brand name.

Why a Trademark?

Registering a Trade Mark in Kenya allows you the unlimited and exclusive use of the trademark. It bars anyone in Kenya from using your logo/trademark without your permission. It also stops anyone from using the name Slogan/Brand name as a single word or with its artwork or names and artwork which are likely to be confused.

Requirements for Registration of a Trademark

The distinguishing sign (ie the Art work/logo/mark) must be unique. The style and words should be distinctly different from other trademarks registered in Kenya. A mark cannot be registered if it is identical with, or nearly resembles a mark belonging to a different proprietor.

Registration Procedure

1. A 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 trade mark.
2. KIPI (Kenya Industrial Property Institute) will give preliminary advice to the Applicant on the registrability of the trademark, and the class under which it will be registered. These two steps take approximately one (1) month.
3. Application to the Registrar of Trade Marks on the prescribed forms.
4. Presentation of the artwork of the proposed Trade Mark in PDF and Hard Copies (7 copies printed on A4 Paper and 7 cut outs for pasting on official records of the KIPI Registry.)
5. Gazettement in the KIPI Journal. The Gazettement is for public benefit, and anyone who feels that the proposed trademark infringes on their own trademark can oppose the registration. The Gazettement is done for two (2) months.
6. If no objection to registration is received, the Registrar with register the Trademark and issue a certificate of registration.

Time Frames

The complete process takes between six (6) to nine (9) months in total. However, once you lodge your Application, no competing Trade Mark will be registered from that point on, and this affords you protections as the registration process continues.

Validity of a Trademark

A trademark is valid for five (5) years, and should be renewed after expiry of that period. Registration gives you rights against anyone in Kenya who trades with a logo identical or similar to yours, and there are legal remedies against infringement.

Trade Mark Registration Costs

The fee payable to KIPI is as follows: -

• Search application: 3,000
• Filing Form Tm 1 (Agency): 1,000
• Stamp duty on Tm1: 280
• Bank Charges: 110
• Filing form Tm27 (Search): 5,000
• Filing Form Tm 2 (Application): 7,000
• Advertisement: 5,500
• Registration: 3,500

Total: 25,390

Conclusion

Feel free to contact us for further inquiries and instructions.

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