HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Kenya

HOW TO REGISTER A TRADE MARK


For more information on ARIPO Trade Mark Registrations click here


1.     The requirements for applications filed directly in Kenya are as follows: 

  1. Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
  2. List of goods and/or services.
  3. A simply signed power of attorney.
  4. Clear print of the device mark.
  5. If priority is claimed: Certified copy of home application/ registration.

2.   Classification

  1. The 11th Edition of the International Classification (Nice Agreement) is followed.
  2. Multi-class - Yes.

3.   General

  1. a) Duration : 10 years from filing date and renewal for further periods of 10 years.
    b) Duration if priority claimed: 10 years from priority date and renewable from further periods of 10 years.
  2. Use : If not used for a continuous period of 5 years and one month, a mark may be removed from register.
  3. Marking :  Not compulsory.
  4. Licenses : Are permitted.
  5. Assignments of applications are permitted.
  6. Searches available within approximately 7-10 working days from instruction and are conducted on an online register.


HOW TO REGISTER A PATENT OR DESIGN



In our experience, it is better to file an ARIPO regional application designating at least Kenya rather than a national application directly in Kenya. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Kenya Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Kenya is about the same as the cost of filing a national application directly in Kenya. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.

For more information on ARIPO Patent Registrations click here.

For more information on ARIPO Design Registrations click here.

LATEST NEWS

When is a Trade Mark Not a Trade Mark?

Posted on Jun 28, 2023.

There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

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