• Trademark fees

Fees associated with filing trademark applications in Kenya as well as other trademark fees are available in the fee calculator.

• Multiple-class applications

Multiple-class trademark applications are possible.

• Filing requirements in Kenya

English is the official language of the proceedings before the Kenyan IP Office.

Applications for trademark registration should include:
- representation of the trademark;
- indication of the trademark type;
- list of goods and services;
- applicant’s name and address;
- priority details (if any);
- payment of the prescribed fee.

A certified copy of the Priority Document accompanied by the English translation (if not in English) should be submitted on filing.

Simply signed Power of Attorney should be provided on filing.

• Examination, publication and opposition to a trademark application in Kenya

Formal and substantive examinations as well as search are conducted by the Kenyan IP Office. Before registration trademark application is published in the official bulletin for opposition. Oppositions may be filed within 60 days from the date of publication.

• Grant, validity term and trademark renewal

The registration fee should be paid upon expiration of the opposition period. Trademark registration is valid for ten years from the filing date. Trademarks can be renewed within 90 days before expiration of the current validity term. If the renewal fee is not paid at the date of the expiration, the IP Office will publish a notice in the official bulletin. Trademark rights holder will then have one month from the publication of the notice to pay the renewal fee alongside a corresponding surcharge for the late renewal.

• Duration of registration procedure

The process of trademark registration takes approximately 12-16 months from filing up to certificate grant.

• Use requirement

If a trademark has not been used for a continuous period of five years from the registration, it can be cancelled upon a third party’s request.

• Representation by a trademark attorney

For foreign applicants, it is necessary to be represented by a local agent, a registered Kenyan trademark attorney.

•  Notes

1. Online search database for ARIPO trademarks.
2. The time limit to file a response to the provisional refusal of an international registration is 90 days from the date the Office issues the refusal. The Office provides for an opportunity to request an extension of the 90-day term. The language of the response is English. It is necessary to appoint a local representative for filing of the response. In addittion, it is possible to request a revision or file an appeal against the provisional refusal within 90 days after the response has been submitted.

Brief summary is based on the information provided by B M Musau & Co., Advocates LLP on 27.02.2024
Please contact us if the above information is not in conformity with Kenyan IP Laws