Trademarks Kenya FAQs

What is a trademark?

A trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise.

 

Why is it important to register a trademark in Kenya?

Registering a trademark gives you exclusive rights to use it within Kenya and serves as legal evidence of your ownership, helping to protect your brand and business.

 

How do I register a trademark in Kenya?

To register a trademark, you must file an application with the Kenya Industrial Property Institute (KIPI), which includes the trademark representation, a list of goods or services, and payment of the required fees.

 

How long does trademark registration last in Kenya?

A registered trademark in Kenya is valid for 10 years from the date of registration and can be renewed indefinitely for subsequent 10-year periods.

 

Can I register a trademark internationally from Kenya?

Yes, you can seek international registration through the Madrid Protocol by filing an application with KIPI, which will then be forwarded to the World Intellectual Property Organization (WIPO).

 

What can be registered as a trademark in Kenya?

Words, logos, symbols, colours, shapes, sounds, and any combination of these that may distinguish goods or services are registrable as trademarks.

 

How long does it take to register a trademark in Kenya?

The process typically takes about 12 to 18 months, depending on any objections or oppositions that may arise.

 

What is the difference between a trademark and a business name?

A business name identifies the company that provides goods or services, while a trademark identifies the goods or services themselves.

 

Can I use the ™ symbol before my trademark is registered?

Yes, the ™ symbol indicates that you are claiming the mark as a trademark, while the ® symbol is used once the mark is registered.

 

What should I do if someone else is using my trademark?

If you have a registered trademark, you may take legal action for infringement. If your mark is not registered, you may still have common law rights.

 

Do I need a lawyer to register a trademark in Kenya?

While not mandatory, it is advisable to use a lawyer to ensure that the application meets all legal requirements and to navigate any challenges that may arise.

 

What are the consequences of not renewing my trademark registration?

If you do not renew your trademark, the registration will expire, and you will lose the legal protection and exclusive rights to the trademark.

 

Can I sell or license my registered trademark?

Yes, you can transfer ownership through assignment or grant usage rights through licensing agreements.

 

How do I maintain my trademark registration in Kenya?

To maintain your registration, you must renew it every 10 years and use the trademark in commerce to avoid cancellation for non-use.

 

What is a trademark opposition?

 A trademark opposition is a formal challenge against the registration of a trademark, typically filed by a third party with a similar or identical mark.

 

Can a trademark registration be cancelled or revoked?

Yes, a trademark registration may be cancelled or revoked on various grounds, such as non-use, becoming generic, or if it was registered without the intent to use.

 

How can I check if a trademark is already registered in Kenya?

You can conduct a search at KIPI’s Trademark Registry or request a search through our firm to determine if a similar trademark is already registered.

 

What is the difference between a trademark and a patent?

 A trademark protects brand identifiers such as names and logos, while a patent protects new inventions or processes.

 

Can a registered trademark become generic?

Yes, if a trademark becomes the common name for the products or services it represents and loses its distinctiveness, it may become generic.

 

What is the process for renewing a trademark in Kenya?

 To renew a trademark, you must file a renewal application with KIPI and pay the prescribed renewal fee before the expiration of the current registration period.

 

For detailed advice and assistance with your specific trademark needs, please contact B M Musau & Company, Advocates LLP.