How to trademark a name in kenya [Solved]

Last updated : Sept 10, 2022
Written by : Ralph Mohaupt
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How to trademark a name in kenya

How much does it cost to trademark a name in Kenya?

Filing fee of Ksh3,000 - due when the application is filed; Publication fee of Ksh3,000 - due after 18 months from the filing date; Examination fee of Ksh 5,000 - due within 3 years from the filing date; Grant fee of Ksh 3,000 - due once the patent has been accepted for grant.

Where are trademarks registered in Kenya?

The body that deals with trademark registration in Kenya is The Kenya Industrial Property Institute (KIPI). KIPI is a parastatal under the Ministry of Industrialization, Trade and Enterprise Development.

How long do Trademarks last in Kenya?

A trade mark registration is valid for ten (10) years from the date of application. Six months prior to the expiry of the ten years, the registrar will notify the owner of the trade mark of the imminent expiry of the concerned trademark.

How long does a trademark search take in Kenya?

The Trademark registration process takes 4 Months on average but could take a bit longer if your application is rejected by any of the member state.

How much does a patent cost in Kenya?

Filing fee of Ksh3,000 - due when the application is filed; Publication fee of Ksh3,000 - due after 18 months from the filing date; Examination fee of Ksh 5,000 - due within 3 years from the filing date; Grant fee of Ksh 3,000 - due once the patent has been accepted for grant.

How do I get a trademark certificate in Kenya?

The application can be made through the appointed law firm. The appointed law firm must present a signed and completed Form TM1 (Appointment of an agent) to the Registrar of Trademarks. A director or any other authorised signatory can sign Form TM1 on behalf of the company.

What are the requirements for trademark registration?

  • Copy of Logo (Optional)
  • Signed Form-48.
  • Udyog Aadhar Registration Certificate.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.

How do I register a name as a trade mark?

Trademarks Online: Applications to file a Trademark or Service Mark registration can be submitted online through the California Secretary of State's bizfile California portal, in person at the Sacramento office, or through the mail.

What are legal requirements of trademarks?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

Who registers trademark?

The Trademark Act, 1999, governs the laws related to trademarks and their registration. The trademarks in India are registered by the Controller General of Patents, Designs and Trademarks, (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India.

Who gives patents in Kenya?

The Government Department responsible for granting patents in Kenya is the Kenya Industrial Property Office (KIPO). KIPO is housed at Kenya House, Koinange Street in Nairobi. Address: Director, Kenya Industrial Property Offi~ . P.O. Box 51648, NAIROBI.

What is the importance of trademarks?

A registered trademark is a symbol, logo, word, slogan, or company name. It protects your status and stops other businesses from trespassing on your intellectual assets. Trademark registration online is an easy process.

How much does it cost to copyright a brand?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How do you register your brand?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site,

How do I copyright an idea in Kenya?

  1. Go to using your desktop computer, laptop or your smartphone;
  2. Create an account and then upload your work.
  3. Receive a validation code.
  4. Enter the code and complete the account creation process.
  5. Log in and proceed with the registration.

How long does it take to register a patent in Kenya?

It takes an average of 19 months to get a patent for utility model in Kenya. For foreign applicants, it is necessary to be represented by an agent, a registered Kenyan patent attorney. 1. Patent protection in Kenya may also be obtained via designating Kenya in an ARIPO application.

Is trademark and patent the same?

What's the Difference Between Patents and Trademarks? A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.

How long does it take to register a patent?

In the United States, it takes an average of 24 months from the filing of a patent application to get a patent.

What is meant by trademark?

The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.

How do you register a trademark logo?

  1. Decide on your unique brand name and logo.
  2. Conduct an online search.
  3. Fill-in the trademark application.
  4. Filing for the brand name registration application.
  5. Scrutinizing of your brand name registration application.
  6. Publication in Indian Trade Mark Journals.

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How to trademark a name in kenya

Comment by Hank Filkey

today we discuss trademark infringement and protection in kenya a trademark identifies the source of goods and services it distinguishes a brand as being particular to a business the different types of trademarks for instance certification trademarks service marks collective trademark cities a wide number 3d object a logo or a combination of these preceding elements are all examples of trademarks that can be registered in kenya what is the governing trademark law in kenya the main law governing trademarks is the trademarks act cap 506 of the laws of kenya and is also party to the repo madrid convention what's the value of trademarks what kind of protection do trademarks afford your business in a nutshell trademarks prevent economic damage to your business trademarks protect the goodwill and the reputation of your business a trademark avoids confusion in your customers when it comes to competing goods and services by making it clear to customers that indeed you and not anyone else is a source of goods and services and that they can indeed rely on your trademark as a reliable signifier of your brand as the actual source of certain goods and services it's also the basis to protect your goods and services from low quality counterfeits as only the registered owner brand can provide goods and services as being tied to a particular mark what is the trademark registration procedure in kenya the first thing you need to do is to conduct a trademark search before you begin the application process only once you get the preliminary advice from the kenya industrial property institute or qp that indeed the search shows that the mark has no registered proprietor can you now proceed to lodge the trademark application forms once you receive these search results showing the mark is not registered you can go ahead to prepare the requisite statutory forms under the trademarks act of kenya when it comes to filing the application you're strongly advised to have a trademark agent who in kenya is a lawyer admitted as an advocate of the high court to prepare and lodge the applications at qp so you can avoid making mistakes that will prove costly even as far as denying the envisaged trademark protection in good time a lawyer will further advise you on the best trademark protection coverage you can get especially in terms of description of goods and services and the applicable trademark classes what is the trademark registration procedure at wipo or now once you have the basic registration of the marks in kenya and your business is operating beyond kenya's borders that is internationally or multinationally you may not want to protect your brand in these in these foreign markets where the business is operating to do this you can easily make an application via repo or a naripo contracting state or other regional specialized international organizations protecting ip through these wipo nrepo offices the application will be presented to the national ip offices of particular markets and subsequently your trademark will be protected in the specified countries you're strongly advised to reach out to a lawyer as well on this issue to guide you on international trademark applications to avoid immense costs what is trademark infringement the trademark owned by a business is infringed by any person who not being the proprietor of the trade or registered user by way of permitted use and a licensing agreement uses a mark identical with or nearly resembling yours to deceive or cause confusion in the course of trade or in the provision of any services in respect of which this trademark is registered another important point to note is that under section 15a of the trademarks act the registrar of trademarks will not register an unregistered mark with an unconnected proprietor where this mark is well known globally or nationally whether or not the mark owner is in kenya or not operating in kenya there are various legal issues which are pertaining to this under the prairie convention so what happens if you don't on the mark which is being infringed upon meaning you have not yet registered it well you may have no cause of action for breach of trademark or trademark infringement another trademarks act you can still see krikos by bringing a civil suit for the thought of passing off whereby you sue the defendant for presenting his goods and services as being your goods and services or purporting to connect your goods and services to those that the defendant provides railing the reputation of your own business and it protects the goodwill of your business from misrepresentation and misassociation so what are the remedies in trademark infringement or passing of actions in kenya the most valuable remedy you would want is an injunction file and a certificate of urgency you want to hold the damage to your business's brand and you would also seek a permanent injunction secondly you would seek to obtain damages for the harm already caused to your brand korean company advocates is a law firm in nairobi kenya we provide legal service in ip we work with individual mac owners as well as global ip companies in registration of ip and trademarks in kenya

Thanks for your comment Hank Filkey, have a nice day.
- Ralph Mohaupt, Staff Member

Comment by Nikki


Thanks Nikki your participation is very much appreciated
- Ralph Mohaupt

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