A trademark in Kenya is defined as any sign, word, logo, device, symbol, name, or design that distinguishes the goods or services of one business from another. Registration of a trademark gives legal protection and exclusive rights to use that mark within Kenya.
Trademark registration in Kenya is done through the Kenya Industrial Property Institute (KIPI) under the Trade Marks Act, Cap 506. For businesses, organizations, and individuals, registering a trademark is a vital step in protecting brand identity and intellectual property.
At Kazi Legal, we specialize in intellectual property law in Kenya and assist clients in conducting searches, filing trademark applications, and defending trademarks against infringement.
Requirements for Trademark Registration in Kenya
- Proposed trademark name
- Trademark logo (artwork/design)
- Trademark class description (Nice Classification)
- Name and address of applicant
- Authorization form (for foreign applicants)
How to Register a Trademark in Kenya
The process of registering a trademark with KIPI involves the following steps:
- Trademark Search (Form TM 27) – A search is conducted through the KIPI database to confirm that the proposed trademark is available.
- Filing of Application (Form TM 2) – The applicant submits the name, logo, class, and applicant details. Foreign applicants must appoint a local agent using Form TM 1.
- Examination by KIPI – The Registrar reviews the application for compliance with the Trade Marks Act.
- Publication – If approved, the trademark is published in the Industrial Property Journal for 60 days for opposition.
- Registration & Certificate – If no opposition is filed, KIPI issues a Certificate of Registration, granting exclusive rights to the proprietor.
Documents Required for Trademark Registration
- Completed forms: TM 27 (search), TM 2 (application), TM 1 (agent authorization, if applicable)
- Clear representation of the trademark (logo/artwork)
- Applicant’s name and address
- Power of attorney (for foreign applicants)
Cost of Trademark Registration in Kenya
The official government fees for trademark registration in Kenya are:
Local Applicants
- Application (TM 2): KES 4,000 (first class), KES 3,000 (each additional class)
- Search (TM 27): KES 3,000 per class
- Advertisement: KES 3,000 (first class), KES 2,500 (each additional class)
- Registration: KES 2,000 (first class), KES 1,500 (each additional class)
Foreign Applicants
- Application (TM 2): USD 200 (first class), USD 150 (each additional class)
- Search (TM 27): USD 150 (first class), USD 100 (each additional class)
- Advertisement: USD 60 (first class), USD 50 (each additional class)
- Registration: USD 150 (first class), USD 100 (each additional class)
How Long Does It Take to Register a Trademark in Kenya?
On average, the process takes 6 to 12 months, depending on examination timelines and whether objections are raised during the publication period.
What if Someone Objects to My Trademark?
If an objection is filed during publication, KIPI reviews the case and may either uphold or reject the application. Legal representation is crucial in defending your trademark rights at this stage.
Can Foreigners Register a Trademark in Kenya?
Yes, foreigners can register a trademark in Kenya but must do so through a licensed agent or lawyer. The application must include Form TM 1 (authorization of agent) with duty stamp.
Conclusion
Trademark registration in Kenya secures your brand identity and ensures legal protection under Kenyan law. Whether you are a local entrepreneur or a foreign company, KIPI provides the legal framework for protecting your intellectual property.
For expert assistance, contact Kazi Legal for professional trademark search, registration, and enforcement services in Kenya.
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