Read time : 10 mins

Step 1: Search

This is the preliminary step. The purpose of a search is to confirm whether or not the intended trademark exists and/or which can be confused with an already existing trademark.

An application for search is made by the prospecting proprietor or through their agent through a prescribed form i.e. Form TM27. The process takes up to fourteen (14) days to get the search report.

Step 2: Application

Upon confirming that the Trademark does not exist in the register, the applicant shall then submit an application to Kenya Industrial Property Institute (KIPI). The Application shall be made through Form TM 2 which is accompanied by seven (7) representations of the mark and Form TM 32 which details the address of service. The application is done to the registrar and takes up to two (2) months to get processed.

Step 3: Examination

In this process, the Registrar examines the applicant’s application to ensure that all the relevant documents have been filed and the trademark does not resemble any mark.

N/B: If the report that will be issued upon complete examination by KIPI Registry confirms approval, then the applicant is required to pay both the advertisement fee and registration fee.

Step 4: Advertisement

The mark will be added up on the Kenya Industrial Property Institute (KIPI) journal for 60 days to allow for objection.

If there is no objection, then the applicant can proceed to registration, and if there is an objection, a notice of opposition in the form TM6 is filed by the opposing party and opposition proceedings begin.

Step 5: Registration

The application will be registered and the registrar will issue a certificate of registration of the Trademark.

COST AND MAINTENANCE FRAMEWORK

Statutory Government Fees

The official fees for registration generally range between KES 4,000 and KES 20,000. Costs are class-dependent, meaning if a mark is registered across multiple Nice classes, each class incurs separate charges. Additionally, fees vary depending on whether the applicant is a local resident or a foreign entity.

Professional and Legal Fees Legal fees for trademark practitioners in Kenya are strictly regulated and guided by the Advocates Remuneration Order (Legal Notice No. 35 of 2014).

 

Author

Cynthia Waweru