Protect your business by registering your brands officially with the local trademark office of Kenya. Once registered, you can enforce your legal rights over the trademark and prevent others from using it in Kenya.
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Expert AgentsAn IP consultant will be assigned to you, through whom you will be able to request all your IP services
Worldwide ServicesRegardless of the amount of countries you need assistance in, we will be able to cover it. We work in over 180 jurisdictions
No Hidden ChargesAll prices are clear and without hidden costs. We have competitive and straightforward pricing
Free ConsultationOur team is standing by to clarify any questions you may have regarding trademarks and IP in any country of the world
Search prices
First class $120 - Each additional class $100
Searches for a trademark’s figurative elements (logo) are not available. The search will only be for the trademark’s verbal elements.
Application prices
First class $950 - Each additional class $650
If you wish to claim color as a feature of your trademark, additional charges will apply.
Final fee for registration
First class $450 - Each additional class $350
This payment will only be due in case of successful registration.
The average application process takes 14 months.
This is an estimated process time for straightforward cases based on current timeframes for applications. It may vary considerably.
An original signed power of attorney document.
The rights to a trademark in Kenya are granted to the person or company that first uses it in this territory. Although registration is not mandatory, in practice it is highly recommended in order to demonstrate clear ownership, prevent future conflicts regarding ownership of the trademark and in order to defend against cases of trademark infringement. The trademark applications must be filed with the Kenya Industrial Property Institute (KIPI).
Kenya is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. We offer services for trademark filing through the Madrid System.
It is not necessary for a trademark to be in use in Kenya in order for it to register. However, prior use may be useful as it can help overcome an objection raised on the grounds of lack of distinctiveness, by proving that the trademark has acquired distinctiveness.
Please note that by default, applications including a logo will be filed without color claim. This allows the trademark holder to use it in any combination of color. Upon request it is possible to claim color as a feature of the trademark. This will restrict its use to the colors claimed in the trademark application.
If you register a combined trademark (which includes both word elements and figurative elements) in Kenya, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
Opposition actions may be filed by interested third parties against a trademark application within a period of sixty (60) days following its publication in the Industrial Property Journal of Kenya. In certain circumstances, extensions of time of up to 90 days can be obtained by the opponent. The probabilities of success for an opposition will vary in each case depending on the circumstances.
Although a trademark does not have to be in use in order for it to register, it must not go unused for more than five years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark.
Registered trademarks in Kenya have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested as early as ninety (90) days before the expiration date. It can also be requested during the grace period of one (1) month after the expiration of the trademark has been advertised in the Industrial Property Journal, upon payment of a late renewal fee.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Kenya (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
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