Kenya Trademark registration
Kenya is a member of the Madrid Protocol and the Madrid Agreement. Trademark protection under the Trade Marks Act is available only for registered trademarks. An unregistered trademark protection is possible only via an action for passing off or the remedies in respect of the same.
A trademark application has to be filed before the Kenya Industrial Property Institute (KIPI) by a local agent. A power of attorney is necessary. Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness. Before registration, the trademark is published in the monthly KIPI Industrial Property Journal. The opposition period is 60 days from publication of the trademark application.
A trademark registration in Kenya is valid for 10 years and starts from the date of the filing of the application. The registration is renewable for periods of 10 years.
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Duly note, if the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation