Yes. Each representation of the design whether to be applied to a single article or to a set shall be on durable paper of A4 size (and not on cardboard) and shall appear on one side only of the paper. When more than one figure is shown, these figures shall, where possible, be on one and the same sheet, and each shall be designated (e.g. perspective view; front view, side view).

New and not disclosing the design anywhere in Kenya or any other country by publication or by use, prior to the filing date or priority date.

Yes.

Yes.

No.

Yes.

No.

No.

Yes, provided that the designs relate to the same class or same set or composition of articles. If yes, are there any advantages in doing so? In practice, applications denoting multiple embodiments of a single design may be refused.

5 years initial protection. Can this term be extended? For two further consecutive periods of 5 years (total protection -15 years)

No.

Yes.

Yes.

In Kenya, a distinction is made between an industrial design and a utility model. An industrial design is a composition of lines or colors or any three-dimensional form that give a special appearance to a product or industry or handicraft. An application for registration of an industrial design must be accompanied by drawings of the product. Utility models on the other hand refer to any form or disposition of some appliance, tool or instrument, or any part of the same that allows better or different functioning of the subject matter and gives some utility advantage, saving, or technical effect not available in Kenya before

Yes, however, designs that have already been protected as copyrighted work cannot be registered under the Industrial Property Act.

An industrial design is registrable if it is new which means that it has not been disclosed to the public anywhere in the world prior to the filing date. Industrial designs that are contrary to public morality shall not be registrable.

It would be better to file both a trademark and an industrial design because these two forms of protection relate to different aspects of a proprietor’s overall brand. Trademarks protect the mark that distinguishes one proprietor’s goods and services from those of another while designs protect the distinct special appearance of a proprietor’s product.