Trademarks Law in Kenya
Sure! Here’s a clear overview of Trademark Law in Kenya:
Trademark Law in Kenya
Legal Framework
Trademark protection in Kenya is governed by the Trade Marks Act, Chapter 506.
The Kenya Industrial Property Institute (KIPI) is the authority responsible for trademark registration and management.
Kenya is a member of international treaties such as:
Paris Convention
Madrid Protocol
TRIPS Agreement
African Regional Intellectual Property Organization (ARIPO)
Key Features
1. What Can Be Registered?
Any visible sign capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos, designs, symbols
Shapes, colors (where distinctive)
Sounds and holograms (rarely)
2. Types of Trademarks
Ordinary trademarks (individual marks)
Collective marks
Certification marks
3. Registration Process
Application filed with KIPI.
Examination includes:
Formalities and absolute grounds (distinctiveness)
Search for conflicting earlier marks
Accepted applications are published in the Kenya Industrial Property Journal.
There is a 3-month opposition period.
If unopposed or opposition unsuccessful, the mark is registered.
4. Duration and Renewal
Registration valid for 10 years from the filing date.
Renewable indefinitely for subsequent 10-year periods.
Renewal applications must be filed before expiry, with a grace period allowed.
5. Rights Conferred
Exclusive right to use the trademark in Kenya for the registered goods/services.
Right to prevent unauthorized use or infringement.
Rights to license, assign, or enforce the trademark.
6. Infringement and Enforcement
Remedies include injunctions, damages, destruction of infringing goods.
Criminal sanctions may apply for counterfeit goods.
Customs authorities cooperate to prevent import/export of infringing products.
Enforcement through civil and criminal courts.
7. International Treaties
Kenya is a member of:
Paris Convention
Madrid Protocol
TRIPS Agreement
ARIPO — regional IP office serving Kenya and other African countries (allows regional trademark protection)
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Trade Marks Act, Chapter 506 |
| Registration Authority | Kenya Industrial Property Institute (KIPI) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, Madrid Protocol, ARIPO |
| Enforcement | Civil and criminal remedies; customs measures |
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