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Intellectual Property

Kenya
Smit & Van Wyk Patent, Trademark & Registered Designs

Kenya Trademarks

Kenya trademarks are valid for 10 years from the filing date and are renewable every 10 years thereafter. Kenya is a member of the Paris Convention and the Madrid Protocol (an international system for obtaining trade mark protection for a number of regions through a single application) and the Nice Classification on Goods and Services is followed.

Types of Trademarks:

  • Goods and services
  • Collective marks
  • Certification marks
  • Series marks
  • Defensive marks

Trademark Duration / Renewals:

A registered trade mark can be protected for an unlimited period of time, provided it is renewed every 10 years upon payment of a renewal fee.

Trademark Filing Requirements

  • Simply signed Power of Attorney
  • Details of the Applicant (full names, physical address, nationality/country of incorporation)
  • Representation of the trade mark(s)
  • List of goods and/or services
  • Certified copy of priority document (if applicable)

ARIPO Trademark Filing Requirements

Power of Attorney
Scanned copy of simply signed Power of Attorney. (no notarization or legalization required)

Details of the trade mark(s)
Word mark or logo. If the trade mark is a logo, please send electronically. Details of colours claimed, if applicable.

Classes and list of goods and/or services
(try to limit to 5 items per application, additional charges apply for each additional item over 5)

Details of the applicant:
Full name. Nationality / country of incorporation. Physical address.

The official search is done by ARIPO and takes about 2 to 3 weeks. The usual timeframe from filing to registration is 24 to 36 months. After filing, when all filing requirements are complete, ARIPO will transmit the application to the designated countries(s) which must indicate acceptance or refusal of the application within 1 year from the transmission of the application. Accepted applications will be published for a 3 months opposition period. A trademark registration is valid for 10 years from the date of application and renewable every 10 years.

Trademark Classes

Nice Classification

The most current edition of the Nice Classification of Goods and Services is followed. The Nice Classification, established by the Nice Agreement, is an international classification for the registration of marks. A new edition is published every 5 years and a new version of each edition is published annually.

International and Regional Systems

ARIPO

ARIPO is an organisation that facilitates registration and administration of Intellectual Property rights for various African countries. ARIPO is mandated to register marks and the administration of such registered marks on behalf of the Banjul Protocol Contracting States.An applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state.

Paris Convention

Kenya is a member of the Paris Convention where each contracting state must grant the same Intellectual Property protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trade marks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trade marks and industrial designs to name a few.

Madrid Protocol

Kenya is a member of the Madrid Protocol. The Madrid Protocol is an international treaty designed to simplify the international trademark registration process. Using this process, registrants are able to complete a single application, in their home language, that can then be applied to over 90 member countries.

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