Kenya - Register Trademark

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Procedure

Apply In Person

1. To register a Trademark in Kenya, the applicant should make the application to the Kenya Industrial Property Institute (KIPI). Please view the Kenya Industrial Property Institute contact details through this KIPI Contact Details.
2. Before applying for registering a Trademark, the applicant will first conduct a preliminary search to determine whether the proposed trademark can be registered or not and to verify that there is no trademark similar to the proposed mark that has already been registered.
3. To conduct a preliminary search on the proposed trademark, the applicant should obtain the application form for a search Form TM27.
4. Complete the search form correctly and attach a copy of the proposed trademark to the application form.
5. Then visit the Kenya Industrial Property Institute office and pay the search fees as mentioned in the “Fees” section below and submit the preliminary search application.
6. The Kenya Industrial Property Institute will conduct the preliminary seacrch and inform the applicant of the findings. Note: If the trademark has never been registered and no mark could be confused with the proposed trademark, the applicant will be advised to proceed with the Trademark registration process.
7. To register a Trademark, the applicant should obtain the application form for registration of a trademark from the Kenya Industrial Property Institute office or download the form through this TM2 -Application for Registration of a mark and also form TM 32 for entry of the address of service in Kenya.
8. Complete the Trademark registration form and form TM32 correctly and then attach seven copies of the mark to the application form in a single file.
9. Then the applicant should visit the Kenya Industrial Property Institute office and pay the registration fee as mentioned in the “Fees” section below and submit the application dossier to the Kenya Industrial Property Institute officer at the Trademark registration desk.
10. Then the Kenya Industrial Property Institute will evaluate the application to determine whether the trademark application is legible for processing the trademark.
11. Upon the evaluation process, a secondary search will be performed by the registrar of Trade Marks to make sure no mark closely resembles or is similar on the register of trademarks records in Kenya.
12. Once the mark and its description are determined to be distinct and unique, the Trademark will be registered by the Kenya Industrial Property Institute.

Note:

• Foreign applicants are required to file through an agent and thus the application should be accompanied by the form of authorization Form TM 1 or the power of attorney duly completed and signed and must have a duty stamp affixed on it.

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Required Documents

• Duly Completed and signed TM2 -Application for Registration of a mark.
• Duly Completed and signed form TM 32 for entry of the address of service in Kenya.
• Duly Completed and signed Form TM27.
• Duly Completed and signed Form TM 1
• Seven copies of the Trademark.
• Copies of registration certificates of the business.

Office Locations & Contacts

Kenya Industrial Property Institute - Head Office
Kabarsiran Avenue, Off Waiyaki Way, Lavington
P.O. Box 51648-00200, Nairobi.
Tel: 020-6002210/11, 6006326/29/36, 2386220
Mobile: 0743463407; 0743463408 ; 0702002020; Airtel: 0732487412 & 0734515312; 0736002020
E-mail: [email protected]
Website: KIPI Website

Eligibility

• Individuals and Organizations who wish to register a Trademark.

Fees

Application fee for an application to register a trademark:

• For the first class, the local fee is Ksh. 4000 and the foreign fee is USD 200.
• For each subsequent class, the local fee is Ksh. 3000 and the foreign fee is USD 150.

Search fee:

• For the first class, the local fee is Ksh. 2000 and the foreign fee is USD 100.
• For each subsequent class, the local fee is Ksh. 1000 and the foreign fee is USD 50.

Validity

• Trademark registration is valid for ten (10) years from the date of application.

Documents to Use

• TM2 -Application for Registration of a mark.
• form TM 32 for entry of the address of service in Kenya.
• Form TM27.
• Form TM 1

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Please explain the processing time taken in obtaining the document/certificate.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is dkisplayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

Preliminary Search is not mandatory but it should be done for the following reasons:

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

Required Information

• Full name.
• Postal address.
• Proposed trademark name.
• Proposed trademark description.
• Proposed physical address.

Need for the Document

• A registered trademark proves that the mark belongs to the owner and cannot be used by any other person or organization.

Information which might help

• The Trade Marks Act

Other uses of the Document/Certificate

Please explain what are other uses for obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

KIPI

Others

More information which might help people.