Kenya
Fees for registering Kenya trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Kenya are mainly based on the Trademark Law promulgated on January 1, 1957, which was last revised in 2007. The Kenyan Industrial Property Office is responsible for managing trademark affairs, and the official languages are Swahili and English. Trademark exclusive rights need to be obtained through use. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Kenya adopts the principle of "use first".
Kenya is a party to international intellectual property treaties such as the Singapore Treaty, the Nice Agreement, the Paris Convention, the WIPO Convention, and the Nairobi Treaty, and is a member of the Madrid Protocol and the Madrid Agreement. Therefore, trademark registration can be processed through either "single country registration" or "Madrid international registration". Kenya is also a member of the African Regional Industrial Property Organization.
Trademark Registration Process
At present, trademark applications in Kenya adopt the Nice Classification 11th edition for the description of goods and services, accepting applications for multiple categories in one form. The elements that can be registered as trademarks in Kenya include: text, name, graphics, three-dimensional identification, color combinations, slogans, etc.
If the applicant does not reside in Kenya, they must entrust a speialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Original power of attorney (can be submitted later);
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Kenya is: application acceptance, examination, announcement, approval, and issuance of a certificate.
The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The objection period is 60 days from the date of announcement, and any interested party or prior right holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Kenya takes about one year; If there are any objections or rejections during the process, the time will be extended to about 2 years.
Trademark registration materials
The Kenyan trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 30 days; The renewal is valid for 10 years.
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