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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.
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If I register my trademark in Kenya, do I have protection in other territories?
The territorial limit of registration is Kenya.
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Do I need to sign a Power of Attorney?
A power of attorney is necessary.
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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
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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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
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What are the phases of application after a trademark has been filed in Kenya?
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- classification
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior an earlier registration
- Publication of the application particulars including:
- mark
- application number
- name of applicant
- application date
- address of applicant
- goods/services
- representation of trademark
- Registration
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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
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Does Kenya use the "Nice Classification" system?
Kenya uses the Nice Classification System.
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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.
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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
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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.
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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.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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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.