A Trademark is a distinguishing mark, slogan, name, or logo that separates your goods or services from those of another business. In Kenya, trademarks are governed by the Trade Marks Act (Cap 506).
Why Register Your Trademark?
- Exclusivity: It gives you the exclusive right to prevent others from marketing similar products under the same or confusingly similar mark.
- Legal Protection: Under Section 5 of the Act, you cannot bring an action for infringement if your trademark is unregistered.
- Business Asset: A registered trademark is a valuable asset for expansion through licensing or franchising.
- Consumer Trust: It helps consumers identify your products and distinguish them from competitors.
The Registration Process
The Kenya Industrial Property Institute (KIPI) handles the registration process.
1. Search and Preliminary Advice
While not mandatory, it is highly recommended to carry out a search (Form TM 27) to ensure your mark doesn't conflict with existing ones. This saves time and unnecessary costs.
2. Application
Submit a completed Form TM 2 including:
- Contact details.
- Description of goods/services.
- A representation of the mark.
- The relevant Nice Classification (international classes).
3. Examination
The Registrar examines the application for availability and compliance with legal requirements.
4. Publication
Approved marks are published in the KIPI Industrial Property Journal for sixty (60) days. This allows third parties to raise any oppositions.
5. Registration
If no opposition is filed, or if an opposition is resolved in your favor, you pay the final registration fee and receive your certificate.
Duration and Renewal
Initial registration is valid for ten (10) years. Trademarks can be renewed indefinitely for subsequent ten-year periods upon payment of renewal fees.
Ombogo and Company Advocates is a trusted firm for trademark registration and intellectual property protection in Kenya.
For professional assistance in protecting your brand, contact us at legal@ombogo.co.ke.
