COUNTRY : REPUBLIC OF KENYA
CAPITAL : NAIROBI
LANGUAGE : ENGLISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, MADRID PROTOCOL, ARIPO, TRADEMARK LAW TREATIES, BERNE CONVENTION, WIPO
The Intellectual Property Rights Office of Kenya is known as the Kenya Industrial Property Institute KIPI.
FILING OF TRADEMARKS IN KENYA - ARIPO:
There are 2 ways to apply for a trademark:
1. NATIONAL REGISTRATIONS : Only for the territory of Kenya.
• ARIPO : ARIPO registration is not valied
Please refer our Treaties section on International Protection under Madrid System.
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.
Filing is done with the Trademark Office "KIPI".
Applicant has to furnish the following documentation for filing:
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Examination consists of:
(i) Formality examination ascertaining-
• Filing of right documents
• Proper filling up of forms
• Payment of appropriate fees
• Confirming the class of goods and services along with other miscellaneous requisites
Once accepted, the trademark will be published in the IP Journal or Kenya Gazette.
Within 60 days, opposition if any from interested 3rd parties is to be lodged.
If there is no opposition, or opposition is resolved in favour of the applicant, the mark is then registered and Certificate of Registration is issued.
Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a certificate of registration.
Term of registration is 10 years.
Pre – Registration: Usage of the mark before filing for registration is advantageous as usage helps establish better rights as prior user.
For quotation: firstname.lastname@example.org