In Kenya, trademark rights are linked to use, but in practice registration is strongly recommended. Registering your trademark helps:
- Establish clear legal ownership.
- Prevent future disputes about who owns the mark.
- Facilitate enforcement in case of infringement or unauthorized use by third parties.
Trademark applications must be filed with the Kenya Industrial Property Institute KIPI.
Kenya is also a member of the Madrid Protocol, which means an existing international registration can be extended to Kenya through the Madrid System. Dedicated services are available to handle such filings.
Use of the trademark in Kenya is not required for registration. However, prior use can be very helpful to overcome objections based on lack of distinctiveness by proving the mark has acquired distinctiveness.
By default, applications that include a logo are filed without a color claim. This gives the owner flexibility to use the logo in any color combination. If you prefer, you may claim specific colors as a feature of the trademark; in that case, the protection (and use) of the mark will be limited to those colors, and additional official fees will apply.
If you register a combined trademark (word + figurative elements) in Kenya, your exclusive right is limited to that exact combination as filed and registered. If you plan to use the word element on its own, or the logo on its own, it is advisable to file additional applications for those elements separately.
If you want the figurative or design elements of your trademark to be included in a Trademark Search Report for Kenya, you must contact the service provider directly so they can confirm whether this option is available and inform you about specific fees and timelines.