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Kenya Trademark Registration 

 
Attorneys - Kenya
 
Welcome:

My name is George L and I'm the representative Attorney in Kenya.

I'll be personally in charge of your trademark registration process.
 
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Your trademark registration will be processed in Kenya through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 14 months, if no objections or oppositions arise.

     

  • If I register my trademark in Kenya, do I have protection in other territories?

    The territorial limit of registration is Kenya.

  • Do I need to sign a Power of Attorney?

    A power of attorney is necessary.

  • Are there any benefits from a pre-filing use of the trademark?

    Pre-filing use may:

     

    • demonstrate acquired distinctiveness
    • help overcome an opposition to an application on the grounds of non-distinctiveness
    • Kenya follows the “first to use” principle; hence, the first person to use a mark establishes right to such mark even if third parties register the mark
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in Kenya?
    • words
    • devices
    • names
    • slogans
    • certain three-dimensional shapes
    • trade dress/get-up
    • certification marks
    • collective marks
    • service marks
  • What are the phases of application after a trademark has been filed in Kenya?

    The order of the application process is as follows:

    1. Examination of the application in respect to:
      1. formalities
      2. classification
      3. descriptiveness
      4. distinctiveness
      5. deceptiveness
      6. conflict with prior an earlier registration
    2. Publication of the application particulars including:
      1. mark
      2. application number
      3. name of applicant
      4. application date
      5. address of applicant
      6. goods/services
      7. representation of trademark
    3. Registration
  • What type of trademark is not registrable?
    • marks that are against standards of moral or public order
    • non-distinctive marks
    • generic terms
    • marks that are used primarily as surnames
    • names, symbols, or flags of states, regions, or nations or international organizations
    • marks that function principally as geographic location names
  • Does Kenya use the "Nice Classification" system?

    Kenya uses the Nice Classification System.

  • Does the Community Trademark apply for Kenya?

    The Community Trade Mark registration is not recognized in Kenya. This treaty is currently known as the European Trademark Union registration.

  • Is there any possibility to claim priority in Kenya?

    It is possible to claim a priority application if:

     

    • the applicant's home country is a member of the Paris Convention
    • the home application was filed within six months earlier than the filing date in Kenya
    • international registrations can be designated in Kenya
  • What do I need to do to satisfy the use requirement?

    A trademark must be used within five years from the registration date. The amount of use must be on a commercial scale and must occur in Kenya.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years calculated from the application date.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the application filing date.

  • Is it legal to use my trademark even if it is not yet registered?

    It is legal to use an unregistered mark for any goods or services.


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