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