How to protect your Brand with a Trademark

In today’s world, a brand is the most important thing in a business because today’s consumer usually has many options and only buys from certain brands. This is why any serious business person must protect their brand by all means necessary. One of the easiest ways to secure your brand is to register a trademark. A trademark is a recognizable word, symbol, phrase, design, scent or a combination of these used to distinguish the goods or services of one person or organization from those of others in the marketplace.??

A good example of a trademark is owned by Apple and is the apple symbol of an apple with a bite taken out of it which helps to differentiate Apple products from its competitors. A local example of a trademark is Safaricom’s green logo with a red curve just above the ‘S’. In Kenya, registration of a trade mark gives you exclusive ownership of your brand and helps prevent potential competitors who would try to copy your brand and sell their products based on your reputation.

The Kenya Industrial Property Institute (KIPI), is responsible for registering trademarks and understanding the classification of trademarks is crucial for businesses and individuals looking to protect their brand identity effectively. The classification of goods and services is commonly referred to as trademark classes.?

Understanding Trademark classes

Trademark classes are categories under which goods and services are grouped for trademark registration. These classes help in organizing various types of goods and services, ensuring clarity and reducing the likelihood of disputes. In Kenya, the classification system follows the Nice Classification, an internationally accepted system for classifying goods and services, which was established by the Nice Agreement in 1957.??

The Nice Classification is currently in the twelfth edition and is updated regularly to account for emerging products and services. Kenya’s adherence to the Nice Classification means that trademark classes in Kenya align with international standards, making it easier for Kenyan businesses to expand their trademark protections to other countries that also use this classification system.

The Nice classification organizes goods and services into 45 classes. The classes are divided into 34 classes for goods (Classes 1-34) and 11 for services (Classes 35-45). Each class represents a distinct category of goods or services. For instance, class 25 includes mainly clothing, footwear and headwear for human beings.? When you file your trademark application, you must also identify the goods and services you provide.? Suppose, for example, that you own a clothing company you would primarily register it under class 25 however, if you also intend to sell fashion accessories you will need to file a separate trademark application and it will be registered under class 14 (jewellery).

If you choose the wrong trademark class, your classification may be flagged as misclassified, causing delays. If approved in the wrong class, your trademark may not cover the products or services you intend to protect leaving them vulnerable to competitors. Competitors could use the same or confusingly similar mark in the correct class, weakening your brand’s exclusivity. If you realize the error before approval, you can consult an advocate who may be able to amend your application to correct the class.?

When selecting the appropriate class for trademark registration in Kenya, it is important to think about all the relevant goods or services you intend to provide under the mark. Choosing multiple relevant classes might be wise if your business plans to diversify.? For anyone considering trademark registration in Kenya, a thorough understanding of these classes can make a substantial difference in building a robust and enduring brand and getting the advice of a professional will make the process seamless and easy for you.

We have helped several clients get the appropriate trademark protection for their brands and you can read their testimonials here. In case you need assistance with trademark registration issues or any other related matters do not hesitate to contact us at [email protected]?