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Kenya
Information on the filing of Patents, Designs and trademarks in Kenya

PATENT REGISTRATIONS

Kenya is a member of the International Convention, ARIPO and of the PCT.

The requirements for filing a non-PCT application in Kenya are as follows:

(a) A Power of Attorney - no legalization or notarization necessary;
(b) An Assignment of Invention (not required if the inventor(s) and applicant(s) are the same) - no legalization or notarization necessary;
(c) A copy of the specification (including claims, drawings, and abstract) in English; and
(d) A certified copy of the priority application and, if necessary, a certified translation into English thereof.

Please note that the documents listed under item (c) are required on the day of filing. Items (a), (b), and (d) can be late lodged subsequent to the filing date.

The requirements for filing a PCT application in Kenya are as follows:

(i) A Power of Attorney - no legalization or notarization necessary;
(ii) A copy of the specification (including claims, drawings, and abstract) in English;
(iii) A copy of the PCT International advertisement;
(iv) A copy of International Search Report; and
(v) A copy of International Preliminary Examination Report and, where appropriate, an English translation thereof.

Please note that the documents listed under items (ii) and (iii) are required on the day of filing. Items (i), (iv), and (v) can be late lodged subsequent to the filing date.

We estimate that the cost of filing a patent application in Kenya will be between about US$ 2100.00 and US$ 2300.00 (excluding translation costs, if necessary).

TRADEMARK REGISTRATIONS

1. Filing requirements

1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A simply signed power of attorney.
1.4 15 original prints (no photocopies) for a device mark.

2. Classification

2.1 The 45 classes of the International Classification (Nice Agreement) are followed.

3. General

3.1 Duration : 10 years from filing date and renewal for further periods of 10 years.
3.2 Use : If not used for a continuous period of 5 years and one month, a mark may be removed from register.
3.3 Marking : Not compulsory.
3.4 Licenses : Are permitted.
3.5 Assignments of applications are permitted.

4. Costs

4.1a Application : First trade mark in 1 class $1860.00, additional trade marks filed simultaneously $1800.00 each.
4.1b Publication fees: $80.00 per mark
4.1c Claiming priority: $150.00 each
4.2 Assignment : First trade mark/class $1160.00, additional trade marks/classes filed simultaneously $580.00 each.
4.3 Preparation of documents : $130.00.
4.4 Recordal of change of name : First trade mark/class $740.00, additional trade marks/classes filed simultaneously $295.00 each.
4.5 Recordal of change of address : First trade mark/class $680.00, additional trade marks/classes filed simultaneously $350.00 each
4.6 Licenses : First trade mark/class $1370.00, additional trade marks/classes filed simultaneously $790.00 each.
4.7 Renewal : First trade mark/class $1010.00, additional marks renewed simultaneously $790.00 each. ; additional classes renewed simultaneously (for multi-class registrations) $590.00 each
4.8 Searches: From $350.00

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