Trademark Registration in Kenya

 

Trademark Registration in Kenya

In today’s competitive global marketplace, a strong brand identity is a vital business asset. Whether you’re a local entrepreneur, a Kenyan SME, an expanding international business, or a not-for-profit organization, trademark registration in Kenya is crucial for securing your intellectual property rights, deterring misuse, and enhancing long-term brand value.

In Kenya, trademarks are governed by the Trade Marks Act (Cap. 506) and administered by the Kenya Industrial Property Institute (KIPI). CM Advocates LLP offers end-to-end legal support for trademark registration services in Kenya, as well as regional and international trademark protection, ensuring robust protection for your intellectual property.

Why Register a Trademark in Kenya?

A trademark in Kenya (including logos, names, and symbols) distinguishes your products or services, builds consumer trust, and forms a valuable commercial asset. Registration offers:

• Exclusive Rights to use and commercialize the mark.
• Legal Protection against infringement, misuse, and counterfeit products.
• Enhanced Business Value with potential for licensing, franchising, and asset leveraging.
• Goodwill Protection, shielding your reputation and preventing dilution.
• International Expansion, through systems like the Madrid Protocol and ARIPO trademark registration.

Trademark Registration Process in Kenya

The process of registering a trademark in Kenya involves several key steps, which align with best international practices:

1.      Preliminary Clearance Search – Conduct a preliminary search at KIPI to confirm the availability of the mark and identify potential conflicts.

2.      Application Preparation and Filing – Complete and file the appropriate KIPI forms (TM 1, TM 2, or TM 3) with details of the applicant, required mark prints, translations, and a power of attorney if applicable.

3.      Formal Examination by KIPI – Review of the application by KIPI to assess compliance, distinctiveness, and any potential conflicts.

4.      Publication in the Kenya Industrial Property Journal – Publication of the trademark application for opposition by third parties.

5.      Registration and Certification – If no opposition is filed, the trademark is registered, valid for 10 years, and renewable.

⏳ Typical Timeline: Acknowledgment in 7 days, examination report in 2–3 months, registration in 3–6 months.

Key Forms for Trademark Registration in Kenya

Trademark registration in Kenya involves submission of specific forms available from KIPI. These include:

• Form TM 1: Application for registration of a mark by the applicant directly, used when not represented by an agent or attorney.
• Form TM 2: Application form for registration of a mark.
• Form TM 3: Form of authorization of an agent (Power of Attorney) to represent the applicant.
• Form TM 5: Application for renewal of a trademark registration.
• Form TM 27: Application for recording of registered user.
• Form TM 12: Request to enter a change of address or name.
• Form TM 16: Request to correct errors or amend the register.

Our team at CM Advocates LLP assists in preparing and filing these forms correctly and efficiently to ensure a seamless process.

Costs for Trademark Registration

Detailed cost estimates for Kenya trademark registration, ARIPO filings, and global trademark registration are provided upon request, tailored to the scope of work and complexity of each case.

How CM Advocates LLP Can Help

Our Intellectual Property Practice Group offers comprehensive solutions for trademark protection and broader IP services:

• Strategic Advisory and Filing Support: Expert advice on mark selection, clearance searches, and filing strategies.
• Opposition, Non-Use, and Enforcement: Representation in objections, oppositions, non-use cancellation proceedings, infringement actions, passing off cases, anti-counterfeiting, and customs enforcement.
• International Trademark Registration Support: Including Madrid Protocol, ARIPO (Banjul Protocol), and national filings in international jurisdictions.
• Comprehensive IP Services: Registration and protection of patents, industrial designs, utility models, copyrights, domain names, licensing, and portfolio management.
• Monitoring and Renewals: Ongoing support to ensure timely renewals and maintain robust protection.

Why Choose CM Advocates LLP?

• Deep Expertise: Proven track record in Kenyan IP law and international trademark registration.
• Global Best Practices: Benchmarking against leading global firms.
• Client-Centered Approach: Tailored solutions aligned with your business objectives.
• Proactive Representation: Fast and effective solutions.
• Full-Spectrum IP Support: Covering trademarks, patents, designs, copyrights, domain names, and more.

Contact Us

Partner with CM Advocates LLP to protect and maximize the value of your trademark and intellectual property assets in Kenya, across Africa, and globally.

📧 Email: law@cmadvocates.com
📧 Contact: Managing Partner, Mr. Cyrus Maina - cmaina@cmadvocates.com
📞 Phone: +254 721 869790 | +254 716 209 673
🏢 Address: I&M Bank House, 7th Floor, 2nd Ngong Avenue, Upper Hill, Nairobi, Kenya
🌐 Website: www.cmadvocates.com

Expand your reach and protect your intellectual property with strategic, proactive trademark and IP protection. Let us handle the complexities while you focus on building and growing your brand.