Bond Advocates LLP is a top law firm for registering trademarks in Kenya. Registering a trademark in Kenya involves several steps some of which we highlight below:
1. Preliminary Search:
- Before applying for trademark registration, it’s advisable to conduct a search. This helps determine whether your intended trademark is registrable and whether any similar marks already exist in the records.
- While not mandatory, conducting a search has two key benefits:
- It helps assess the chances of success for your application.
- It prevents potential trademark infringement and legal issues.
- To request a preliminary search, submit an application on Form TM 27.
2. Application for Registration:
- If your trademark is eligible for registration, proceed with the application.
- As the applicant, you should:
- Apply to the Registrar using Form TM 2.
- Include seven (7) representations of your trademark.
- Foreign applicants must file through an agent and provide a completed Form TM 1 (authorization) or a power of attorney.
- Accompany the application with Form TM 32 (for the address of service in Kenya).
- File a separate application for each mark in each different class.
- Basic fees for trademark registration can be found on the KIPI website 1 .
3. Examination and Approval:
- A Trademark Examiner will examine your application to assess the distinctiveness of your mark (usually takes about one month).
- If approved, you’ll receive an approval letter to advertise the mark in the KIPI Journal.
4. Publication and Opposition Period:
- Your trademark will be published in the KIPI Journal for a specified period.
- During this time, interested parties can oppose the registration if they believe it conflicts with their existing rights.
5. Trademark Certificate:
- After successfully completing the above steps, you’ll receive a trademark certificate.
- The entire process typically takes 6-12 months, and costs vary based on your application specifics.
Remember that trademark registration provides legal protection for your brand, distinguishing it from others in the marketplace. If you have any specific questions or need further assistance, feel free to ask Ochiel Dudley (email: ochieljd@bondadvocates.com) our partner in charge of Digital Rights.
