Kenya

Law Governing Trademarks
Kenya Trade Marks (Amendment) Act no. 4 of 2002, effective from 23 August 2002.

Summary of the Trademark Registration system
Once a trademark application is filed, it is examined as to its inherent registrability and conflict with prior existing registrations/applications. If accepted, it will be advertised in the IP Journal and after the expiration of 60 days of the advertisement if there is no opposition the Registrar shall upon payment of the prescribed fee enter the Trade mark in the register and a Certificate is issued. If refused, an appeal can be filed with the Registrar. If an opposition is filed against the trademark, (extensions up to a maximum of 90 days after the initial period of 60 days are allowed), the Registrar will notify the applicant of the opposition. It is presently taking 5 months for smooth application to registration.

Classification
9th edition of the Nice Agreement on International classification of goods and services is followed, WEF 1 Jan 2007. A single application to cover any number of classes (Multi class filing system) is allowed.

Protection Term
Section 23 of the trade mark’s Act provides that the registration of a trade mark shall be for a period of ten years from registration date (which is also the filing date) and may be renewed for a further period of ten years thereafter.

Use Requirements
Section 23 of the trade mark Act provides that where a trade mark has been removed from the register for non payment of the fee for renewal, it shall, nevertheless, for the purpose of any application for the registration of a trade mark during one year next after the date of the removal, be deemed to be a trade mark that is already on the register, this however will not be so if the registrar is satisfied that there has been no bona fide trade use of the trade mark during the two years preceding its removal.

Marking
Optional

Requirements: Filing New Application for Registrations
Power of Attorney – signed
Name, address, Nationality, Type of Entity of Applicant
Trademark (if not a standard word mark, a copy of the print of the mark)
International class/es
List of Goods/Services
If claiming priority, a certified priority document

Requirements: Renewal
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Late renewal is allowed at a fine.

Requirements: Assignment
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Deed of Assignment – signed (a nominal amount is acceptable)
If mark is in use, and is being assigned without goodwill, further fees are payable as it must be
advertised prior to acceptance of assignment

Requirements: Merger
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Certificate of Merger - notarized

Requirements: Licensing
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Licensing Agreement – signed

Requirements: Change of Name
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Certificate of Change of Name – notarized

Requirements: Change of Address
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
New Address

Opposition
A 60 day period is open for any interested party to oppose a trademark advertised in the IP Journal. A maximum of a further 90 (30 day extensions) can be obtained from the Registrar (together with reasons for delay and requisite fees). The extension approval is at the discretion of the Registrar.

Cancellation
Section 29 (1) provides that a registered TM may be taken off the register in respect of any of the goods to which it is registered on ground that; Up to the date one month before the date of the application a continuous period of 5 years or longer elapsed during which the TM was a registered TM and during which there was no bona fide use in relation to those goods by any proprietor.