Kenya

Trademark

Protectable trademark in Kenya

A “trademark” means, (except in relation to a certification trade mark) a mark used or proposed to be 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, whether with or without any indication of the identity of that person or distinguishing goods I relation to which the mark is used or proposed to be used from the same kind of goods connected in the course of trade with any person;
  • in relation to services for the purpose of indicating that a particular person is connected, in the course of business, with the provision of those services, whether with or without any indication of the identity of that person or distinguishing services in relation to which the mark is used or proposed to be used from the same kind of services connected in the course of business with any other person.

Requirements for trademarks registration in Kenya

  • The name of a company, individual or firm, represented in a special or particular manner;
  • The signature of the applicant for registration or some predecessor in his business
  • An invented word or invented words;
  • A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname.
  • Any other distinctive mark.

Term of registered TM in Kenya

The registration of a trade mark is for a period of ten years, but may be renewed from time to time. The Registrar, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renews the registration of the trade mark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration.

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