Trademarks in Kenya

Competent Authority

• Name of Office: Kenya Industrial Property Institute (KIPI).
• Working Language: English.
• System Type: National.

International Treaties

• Paris Convention: Member.
• Madrid System: Member of the Madrid Protocol. International trademark applications via the Madrid System can designate Kenya.

Who May Apply

• Eligibility: Natural and legal persons (individuals, companies, cooperatives, or lawful associations).
• Local Representation: Foreign applicants who do not reside or have a principal place of business in Kenya must be represented by an authorized local agent and maintain a local address for service.
• Power of Attorney / Authorization: Appointment of a local agent is formalized using Form TM1, alongside standard application documentation. Strict consular legalization or notarization is generally not mandated for standard TM1 filings unless requested by the Registrar.

Online Filing and Search

• Electronic Filing: Available via national administrative frameworks and KIPI digital submission portals.
• Trademark Search: Conducted via Form TM27 to screen prior conflicting rights in the targeted class.

Protectable Trademark Types

• Words, signatures, names, slogans, letter designations, numerals, badges, labels, tickets, brand shapes, or combined devices (including 2D and 3D configurations).
• Applications must be submitted in English.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported under current administrative provisions.

Examination

• Scope: KIPI conducts formal examinations (document verification, classification, and agent credentials) and substantive examinations covering absolute grounds (distinctiveness, public order, and morality) and relative grounds (prior conflicting rights on the register).

Publication and Opposition

• Opposition System: Once approved during examination, trademark applications are published in the official Industrial Property Journal. Interested third parties may file a notice of opposition within 60 days (2 months) from the publication date.

Timeframes

• Registration Timeline: Approximately 8 to 18 months for a straightforward, unopposed application process from initial filing to certificate issuance. Oppositions or office actions can extend timelines.

Official Fees

• Fee Structure: Official fees are denominated in Kenyan Shillings (KES) for local applicants and US Dollars (USD) for foreign applicants. Core foreign official checkpoints total approximately USD 610 for a first-class application (inclusive of TM27 search, TM1 agent appointment, TM2 application, advertisement, and registration). Additional classes incur extra statutory class fees.

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year periods using Form TM10, backed by late renewal grace periods subject to surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to removal or revocation actions for non-use if it has not been put to genuine commercial use for a continuous statutory period.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes in the name or address of the holder must be formally recorded with KIPI to ensure legal effectiveness and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled via civil court infringement proceedings, injunctions, and damages actions. Protection extends to well-known marks and border/customs anti-counterfeiting enforcement measures.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.