Trademark Registration Procedure in Kenya

REGISTRATION PROCEDURE

Preliminary Search

Before applying for a trademark registration in Kenya, individuals are advised to do simple background checks are research on the intended trademark.

This includes finding out whether the trademark is eligible for registration or whether there is another trade mark in the record that could be confused with the one you want to register.

According to Kenya Industrial Property Institute (KiPi), an application for search and preliminary advice by the registrar should be made by the prospecting proprietor or his agent on Form TM 27 .

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Why Trademark search is Important

Thought not mandatory, search is advisable before trademark registration in Kenya for the following two reasons;

1. It will help one in determining whether the application has a chance for success, or whether it would be a waste of time and money to try and register it in it’s present form.

2. It will also help one avoid trade-mark infringement and potential lawsuits if one went straight ahead in applying for registration.

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Applying for registration

Proprietors of trademarks should apply for the registration through form TM 2 accompanied by seven (7) representations of the mark.

KiPi however recommends foreign nationals to file for registration through agents. In this case, the application should thus be accompanied by authorization Form TM 1 or the power of attorney, duly completed and signed. The power of attorney should have stamp duty affixed on it.

The application should also be accompanied by form TM 32 (for entry of the address of service in Kenya). The applicant is required to file a separate application for each mark in each different class.

Basic Fees for Registration of Trade Marks

Fees schedule can be downloaded from KiPi Home page under Resources/Downloads menu

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