Biz Brokers Kenya Offers you a fast, reliable and experienced Trademark registration service all over Kenya. From trademark search, through to the registration of the Brand name.
A Trademark or Brand registration helps protect against intellectual property infringement and use of creative works by third parties to the registered creative work. Trademarks in Kenya are also referred to as Brand names.
How do I register a trademark in Kenya?
In Kenya, registration of Trademarks is governed by the Trade Marks Act. A Trademark is generally defined to include names, drawing, pictures, monograms or a combination of the mentioned are registrable as trademarks under the Law.
We provide you with reliable trademark registration services all over kenya.
Under Common law, unregistered trademarks are recognized under Section 5 of the Trademarks Act and may be enforced through a passing-off action. In a passing-off action, the owner of the unregistered mark must prove that he;s trademark has acquired sufficient reputation through use by the public.
Unregistered trademarks are also protected under Section 15A of the Trademarks Act upon sufficient proof of their reputation and well known status in Kenya. Well-known trademarks generally require a great degree of use, that has resulted in a high degree of knowledge or recognition of the brand mark in the relevant sectors in Kenya.
Any person claiming to be the owner or proprietor of a trademark that it uses or proposes to use may apply to register the trademark.
Where the applicant appoints an agent to act on he's behalf, the applicant must provide the agent with a power of attorney signed in favor of the agent.
A mark must contain at least one of the following to be registrable.
- The name of a company, individual or firm or agent represented in a particular manner.
- The applicant’s signature.
- An invented word or words
How to register a Trademark in Kenya.
To register a Trademark in Kenya you shall require the following.
- The name of a company, individual or firm making the application.
- The signature or seal of the applicant.
- An invented word or invented words. Being the trademark name.
- Any other distinctive mark.
Trademark registration procedure in kenya.
- Trademark Name Search.
A preliminary 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 trademark. An application for a Name search is done by the applicant or his agent via Form TM27.
Trademark Application. TM2.
Upon the preliminary search approval by the registrar of Trademarks, an application is made to the Registrar on form TM 2, accompanied by seven (7) representations of the trademark Art work.
Where the application for Trademark is done by an Agent of the applicant, The application shall include a Form TM1 - Form for appointment of agent.
The application is accompanied by Form TM 32 - For entry of the address of service in Kenya.
Examination of Trademark. The formal process of registration of a Trademark in Kenya commences with three stages of Examination.
- Formality examination - A scrutiny of the documents and purpose of the application if in order and legible for processing of the trademark.
- Search - a secondary search is conducted by the registrar of Trade marks to ascertain that there is no similar or closely resembling mark on the Register of Trade Marks in Kenya.
- Substantive Examination - The Mark and description are examined to ensure its distinctiveness and uniqueness.
Advertisement. Upon successful examination and where the Registrar of Trademarks is satisfied that the application is proper, the application is advertised and published in the KIPI journal to allow interested parties to raise objections to the pending application if any. The advertisement is for 60 days.
Where there is no objection in the mandatory 60 days after publication in the journal, the process of registration begins. The mark shall be registered as at the date of application for Registration.
Protection of a Trademark In Kenya.
A registered trade Mark is protected for a period of 10 years from the date of registration in Kenya. Six months prior to the expiry of the 10 years, the Registrar shall notify the Trade mark owners in writing of the impending expiry date.
What are the requirements for trademark registration in Kenya?
- Proposed Trade Mark name for name search approval.
- Proposed Art Work and Trade mark description. In soft and Hard copy
- Names of the applicant /s in Full.
- Postal address for the Applicant.
- Proposed Physical address of the Applicants. Address includes road, plot number, town, county / Country.
- Copy of Registration certificates where applicants is a Business.
Who can register a trademark in Kenya?
The following are eligible to register a Trademark In Kenya as long as they meet the threshold of the Act.
- Legal firms
What information is required to register a trademark in Kenya.
- Name of the individual, firm, cooperative society or company making the application.
- Nationality of the applicant. As this determines the cost.
- Representation of the proposed trade mark.
- Contact information of the applicant. Postal address, email address, Telephone number and physical address.
Categories of of Trade Marks in Kenya.
Trademarks in Kenya are categorized in accordance to the international Classification of goods and services as provided for under the NICE protocol.
A Trade Mark may be registered under any of the 45 Classes or a combination of any of the classes subject to the Nature of goods and services.
Types of Trademarks in Kenya.
The following are types of Trademarks in Kenya.
- Trade marks: Marks used to identify certain goods as those produced by a specific enterprise.
- Service marks: Marks used to identify certain services as those provided by a specific enterprise.
- Collective marks: Marks used to identify goods or services produced or provided by members of an association.
- Certification marks: Marks used to identify products that comply with a set of standards and have been certified by a certifying authority.
- Well-known marks: Marks that are considered to be well known in the market and as a result benefit from stronger protection.
Why a company should register a Trademark in Kenya?
- A Trademark Ensures that consumers can distinguish between products and services in the market place
- A Trademark Enables companies to differentiate between their products
- A trademark Is a marketing tool and the basis for building a brand image and reputation
- A trademark May be licensed and provide a direct source of revenue through royalties.
- A trademark May be a crucial component of franchising agreements
- A trademark May be a valuable business asset Encourages companies to invest in maintaining product quality
- A trademark May be useful for obtaining financing
The following are generally excluded from registration.
- Marks whose use would be likely to deceive or cause confusion
- Marks that closely resemble registered trademarks and are proposed to be registered in respect of the goods or services covered under the prior similar registrations.
- Touch, scent, taste and sound marks.
- the words ‘patent’, ‘patented’, ‘registered’, ‘registered design’, ‘copyright’, ‘entered at Stationer’s Hall’, ‘to counterfeit this is a forgery’ or similar words.
- Representations of the head of state of any foreign state, or any colourable imitation thereof.
- The phrases ‘Red Cross’ or ‘Geneva Cross’ and representations of the Geneva and other crosses in red or the Swiss federal cross in white on a red background or silver on a red background, or such representations in a similar color or colors.
- Any specified emblems, likenesses and names under the National Flag, Emblems and Names Act (these may be registrable where the applicant obtains the written permission of the competent authority.
- Any honor, award, title or abbreviation of a title created by the president.
- Armorial bearings, insignia or flags of any foreign state or international intergovernmental organization.
- Any title or abbreviation of any international intergovernmental organization.
- Marks consisting of or containing the Olympic symbol.
what is the cost to register a trademark in Kenya?
- Name search for local TM KES 3000, International TM USD 150
- Application for application KES 4000, International USD 200
- Registration fee local KES 4000, International USD 150
- Advertisement fee KES 3000, International USD 60
- Appointment of Agent local KES 1000, International USD 50
- Consultation fee on advice
- NOTE - The above fee are preliminary guidance fees for only single Class of trademarks. Email for the complete schedule.
Benefits of Trademark Registration in Kenya
Why register a Trademark in Kenya? Here are the advantages of registering a trademark.
- Registering a Trademark in Kenya gives you the exclusive rights to use your brand name, Product, logo, and other distinctive features of your Brand exclusively.
- Legal Backing. A registered trademark in Kenya, gives you legal backing to take legal action against any third party that infringes on your protected product.
- A registered Trademark definitely gives you Competitive Advantage as it distinguishes your brand from others and you can showcase your quality.
- Overall Brand Protection.
How to trademark a name in Kenya?
To register a Trademark do the following.
Mail all the above requirements to email@example.com
We shall contact you to verify the details and proceed with your registration.
for more information and cost of registering a trademark in kenya.
How to register a brand in kenya
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