Kenya

FAQ


Yes. If so, what are its requirements? Name and address of the applicants.


Yes. Priority is granted when the application claiming priority is filed within six months of the earlier filing date.


10 years. From what date is it calculated? From the date of filing.


In the event it is the name of the proprietor, TM 20, would be used to record the correct name of the proprietor. For changes to the address, TM 17, would be used to alter the address. To change the appearance of the trademark (not significantly), TM24, will be used to alter the trademark, and a TM 55 will be used to add goods and/or services to the application.


Use is not required before registration but it is necessary for the maintenance of the registration. Non-use of the trademark could result in the filing of a cancellation/expungement by an aggrieved person.


Kenya is yet to allow the registration of non-traditional marks. A mark only includes a distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, word, letter or numeral, or any combination thereof rendered in two-dimensional or three-dimensional form.


Yes, a city or country name can form part of a trademark. However, you will be required to disclaim the right to the exclusive use of the city or country name.


Yes, slogans form part of what is considered a mark under the Trademarks Act in Kenya.


Yes, trademark protection over all the goods specified in an application will still be maintained even though the proprietor is yet to use the trademark on all the goods. However, such non-use could potentially expose a proprietor to cancellation/expungement proceedings by an aggrieved person.


For a mark to be registrable in Kenya, it must contain or consist of at least one of the following essential particulars: 

i)The name of a Company, individual or firm represented in a special manner;
ii)An invented word or invented words;
iii)A word or words having no direct reference to the character or quality of the goods and not being according to its ordinary signification a geographical name or surname


For trademarks, the symbol ® indicates that the preceding mark has been registered as a trademark and for copyright, the symbol © is a copyright notice. When can I use them? Should I use them? They can be used at any time after registration though it is not mandatory

Head Office

Bldg. No. 46, Abdel Rahim Al-Waked Street, Shmeisani
P.O. Box: 921100, Amman 11192, Jordan
Telephone: (00 962-6) 5100 900
Email : agip@agip.com

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