In Kenya, as in many jurisdictions, the transfer of trademark rights from one person or entity to another necessitates a structured approach governed by a legal frameworks. Here is a guide into the processes of trademark assignment within the Kenyan context.

The process of trademark assignment in Kenya involves a meticulous protocol. The registered proprietor of a trademark can execute the transfer of ownership rights to a third party through a deed of assignment or assignment agreement. However, this transfer is contingent upon the payment of stamp duty, set at 2% of the monetary consideration for the mark's transfer, as reflected in the assignment document.

What is a deed of assignment? in Kenya?

A Deed of Assignment of Trademark is an agreement document through which the registered owner of a Trademark in Kenya, transfers the rights, title and interest in the trademark to a third party. This gives the third party the right to use the trademark of the owner. A trademark assignment therefore is the transfer of ownership and or rights of a trademark from one party to another.

Once the Deed of Assignment is executed by both partied, it must be registered with the Registrar of Trademarks at KIPI.

Procedure for registration of a Deed of assignment in Kenya

The following is the process for registration of a trademark assignment in Kenya.

1. The Deed of assignment is drafted by a Lawyer of the parties to the agreement highlighting the terms of the assignment and executed by both parties.
2. The deed of assignment is delivered to for stamp duty which is set at 2% of the Assignment value.
3. Form TM 14 is then executed and delivered with the original Deed of assignment for registration to the Registrar of Trademarks.

Cost of assignment of a Trademark in Kenya.

• Application fee for registering an assignment or transmission (TM 14):
  • For the first class:
    • Local: Kes 3,000
    • Foreign: USD 150
  • For each subsequent class:
    • Local: Kes 2,000
    • Foreign: USD 100
• Application fee for a certificate under section 25(5) of the Act (TM 39):
  • For the first class:
    • Local: Kes 3,000
    • Foreign: USD 150
  • For each subsequent class:
    • Local: Kes 2,000
    • Foreign: USD 100
• Application fee for approval under section 25(6) of the Act (TM 40):
  • For each trademark to which the proposed assignment or transmission would relate:
    • Local: Kes 500
    • Foreign: USD 50
• Application fee for an application, under r. 80(1), for directions under s. 25(7) of the Act with respect to the advertisement of an assignment, for each trade mark TM 41
  • For the first class:
    • Local: Kes 6,000
    • Foreign: USD 300
  • For each subsequent class:
    • Local: Kes 5,000
    • Foreign: USD 250

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