Learn the step-by-step guide to trademark registration in Kenya. Discover essential requirements, fees, and timelines. Secure your brand identity with expert advice.
What is a Trademark?
A trademark is a distinctive sign or indicator used by an individual, business organization, or legal entity to identify and distinguish its goods or services from those of others. It serves as a mark of origin, ensuring that consumers can recognize the source of the products or services they purchase.
1. Process of Trademark Registration in Kenya
Preliminary Search and Application
A preliminary search is conducted to determine whether the mark is available for registration. The application for a preliminary search is made in the prescribed form. If the mark is available for registration, an application is made, in the prescribed form, for the registration of the mark.
Examination by the Registrar
Once the application is lodged with the Registrar of Trade Marks, the mark will be examined to determine whether it meets the statutory criteria for registration. After examination, the Registrar may refuse the application, accept it absolutely, or accept it subject to amendments, disclaimers, modifications, conditions, or limitations. If the Registrar objects to the application, they will inform the applicant of their refusal.
Advertisement
After the application for registration of a trademark has been accepted, the Registrar must advertise the application in the Kenya Industrial Property Journal. The advertisement will set forth all conditions and limitations subject to which the application has been accepted.
Opposition Period
Within sixty (60) days from the date of advertisement, any person may give the Registrar notice of opposition to the registration.
Registration and Certification
If there is no opposition to the registration, the Registrar will enter the trademark in the register and issue a certificate of registration. The trademark registration in Kenya will be for a period of 10 years and may be renewed.
2. Estimated Timelines
We undertake the entire process of Registration within a period of 130days.
Protecting your brand is essential in today’s competitive market. At F.M. Muteti & Company Advocates, we specialize in securing trademarks efficiently and professionally. Let us handle the complexities while you focus on growing your business. Contact us today to ensure your brand is legally protected and remains uniquely yours.
Disclaimer
The information provided in this article is intended for general advice and does not constitute a legal advisory. Bearing in mind each legal issues has its unique features; we advise prospective clients to get in touch with us for more pointed and contextualized legal advice.
