Trade marks in Kenya are governed by the Trade Marks Act Cap 506. 

Kenya is a member of the Paris Convention, the Madrid Agreement and Protocol and Trade Related Aspects of Intellectual Property Rights (TRIPS). Kenya is a member of the African Regional Intellectual Property Organization (ARIPO) but it has yet to domesticate the Banjul Protocol on Marks.

Trade mark applications may be filed directly into Kenya (national filing), and in some circumstances claiming priority based on the Paris Convention or by designating Kenya in the international application based on the Madrid Protocol. 

The classification of goods and services is guided by the International Classification of Goods and Services (NICE Classification).

Trade Marks capable of registration are those that fall into the category of Part A of the register, these are marks that are already considered distinctive while Part B of the register contains marks that are capable of becoming distinguishing. 
 
A trade mark that is considered well known by the Paris Convention or TRIPS is protected in Kenya under the Trade Marks Act Cap 506. The owner of the well-known trade mark is entitled to restrain by injunction the use in Kenya of a trade mark that is identical or the essential part of trade mark which is identical or similar to the owner’s, for identical or similar goods or services, where such use is likely to cause confusion among users of the goods or services. Similarly, a trade mark or an essential part thereof will not be registered if it is likely to impair, interfere with or take unfair advantage of the distinctive character of the well-known trade mark. 

A trade mark may be limited in whole or in part to one or more specified colours, if a trade mark is registered without limitation to colour it is deemed to be registered in all colours. 

A preliminary search is conducted to establish whether there exists in the register a trade mark which can be confused with the proposed trade mark. A search however is not mandatory to conduct but is recommended. Once the search is conducted and approval given to proceed with the filing of the proposed mark, the application is examined as to formal requirements and substantive grounds. Should the application meet all formal and substantive requirements, it is then published in the Kenya Industrial Property Journal and a sixty day period given to any third party wishing to challenge the registration of the proposed mark.  If there is no opposition filed within the 60 day period, the certificate of grant/registration is issued. 

A trade mark is valid for 10 years from the date of filing, and is renewable for further consecutive periods of 10 years.