This law provides for the protection, promotion and registration of trade marks. The Act defines a mark to include a distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof whether rendered in two dimensional or three-dimensional form.
Section 15A of this Act specifically incorporates marks that are protected under the Paris Convention or the WTO Agreement’s Trade Related Aspects of Intellectual Property including Trade in Counterfeit Goods, 1994 as a well known trade mark.
Trade marks in Kenya are registered by Kenya Industrial Property Institute (KIPI) and administered by its Managing Director who is the Registrar of Trade Marks for purposes of the Trade Mark Act.
The Act has elaborate provisions against the infringement of trade mark rights.
Examples of Registered Trade Marks in Kenya
Words, devices, combinations of words and devices, slogans and numerals can all be registered as trade marks. Three dimensional marks can be registered in Kenya.
Below are some examples given by KIPI:
Trade Mark Registration Process in Kenya
Registration of trade marks takes between five to six months, including a sixty-day period during which time trade mark applications are published (advertisement) in the Industrial Property Journal. This Journal is published monthly by KIPI, with electronic copies available on KIPI’s website here. Once registered, a trade mark registration is valid for ten years from the date of registration, except where the registration is expunged or declared to be invalid through a process instituted before the Registrar of Trade Marks or the High Court of Kenya. The current trade mark fees payable to KIPI are available here.
The process is set out below:
Below are all the trade mark forms from KIPI (TM Form No. 1 – TM Form No. 55) :
|TM 1||Form of authorization of agent||Tm1||Tm1|
|TM 2||Application for Registration of a mark||Tm2||Tm2|
|Tm6||Notice of Opposition of Application||Form Tm6||Form Tm6|
|TM 10||Application for Renewal of mark||Tm10||Tm10|
|Tm10a||Certificate of registration of trademark||Form10a||Form10a|
|Tm14||Request to register Assignment or transmission||Tm14||Tm14|
|Tm17||Request to alter Trade or Business Address in the register||Tm17||Tm17|
|Tm19||Application to correct Clerical error in register or to ament document, etc.||Tm19||Tm19|
|Tm20||Application to change name or description in the register||Tm20||Tm20|
|Tm 21||Application to surrender Trade Mark fro all Goods and Services||Tm 21||Tm 21|
|Tm22||Application to surrender Trade Mark for some Goods and Services||Tm22||Tm22|
|Tm23||Application to ender disclaimer or memorandum in Register||Tm23||Tm23|
|Tm24||Application to add to or alter registered Trade mark||Tm24||Tm24|
|Tm25||Application for the Marking ,Expunging or varying of an entry in the register||Tm25||Tm25|
|Tm26||Application for leave to intervene in proceedings for making Expunging or varying of an entry in the register||Tm26||Tm26|
|TM 27||Application for search under rule 114/Application for preliminary advice as to distinctiveness.||TM 27||TM 27|
|Tm30||Request for certificate other than under section 22 of the act||Tm30||Tm30|
|TM 32||Application to enter or alter address for service||TM 32||TM 32|
|Tm34||Application for alteration of deposited regulations relating to certification of trademark||Tm34||Tm34|
|Tm43||Application to adapt Classification so that it is in accordance with section 6(2) of the act||Tm43
|Notice of opposition to application to have classification adapted
Application for registration of registered user.
|Tm53||Application for extension of Time||Tm53||Tm53|
|Tm54||Order form for copy of document||Tm54||Tm54|
|Tm55||Application to add goods or services to a Trade Mark or an Application||Tm55||Tm55|
International Registration of Kenyan Trade Marks
Kenya is a member of both the Madrid Agreement and the Madrid Protocol, and trade marks registered via this Madrid route are recognised and enforceable as if they were registered in Kenya. This Madrid system is under the ambit of the World Intellectual Property Organization (WIPO) and it enables Kenyan companies and entrepreneurs to protect their trademarks in multiple countries around the world by filing one application with one set of fees and designating KIPI as the receiving office.
For a practical example of how the Madrid system works, check our blogpost here based on a hypothetical case of a fictitious product “Quail Advanced” pictured above.