Apr 07, 2024
Section 2 of the Trademarks Act defines a trademark as a mark used in relation to
goods for the purpose of indicating a connection in the course of trade between the
goods and some person having the right either as proprietor or as registered user to
use the mark.
Section 6 of the Trademarks Act provides that a trade mark may be registered in
respect of particular goods and services.
The protection of a Trademark is limited for a period of 10 years from the date of filing.
Procedure of registration of trademarks
- Preliminary search- conduct a search at Kenya Industrial Property Institute (KIPI) to
make sure the trademark is registrable and that there exists no such a trademark in
record that could be confused with the intended trade mark. - File an Application at KIPI.
- Examination stage – the application is reviewed by KIPI, through a formal and
substantive phase, where name and address of applicant is confirmed, and the
distinctiveness of the mark are confirmed respectively. - Pay the registration fee.
- The mark will be advertised in the Kenya Industrial Property Institute (KIPI) Journal
for 60 days, to allow for objection. If there is no objection, the trademark is
registered. If there is an objection, a notice of opposition (form TM6) is filed. - The Registrar shall issue a Certificate of Registration of Trademark upon successful
registration.
Requirements
- Name and Nationality of the individual, firm or company that wants to register the
trademark. - Postal address, telephone and email address of the applicant.
- Representation of the trademark.
- Forms as follows;
i. Form TM2- application for registration of trademark.
ii. Form TM1- for foreign companies and appointment of guests.
iii. Form TM32- application to enter or alter the address of service.
iv. Form TM 27- application for search under rule (not mandatory).
v. Form TM6 – notice of opposition of application.
Examples of Trademarks
- Safaricom
- M-Pesa
- Coca-Cola
- Victoria’s Secret
- Nike
