Trademark Registrations. All you need to know!

Trademarks in Kenya: Everything You Need to Know

Imagine your favourite brand, like AQUAFRESH or Samsung. What sets it apart from the sea of similar products out there? That’s where trademarks come in! In Kenya, a trademark could be a word, symbol, design, slogan, or even the unique shape of a product that helps consumers easily recognize and differentiate one brand from another. According to the Trade Marks Act (Cap 506), trademarks are crucial assets for any business aiming to protect its identity.

Why Are Trademarks So Important?

Think of a trademark as your brand’s superhero shield. It grants the exclusive right to use the mark, keeping copycats at bay. By registering a trademark, you establish undeniable ownership in Kenya, deter potential infringers who may want to capitalize on your brand’s reputation, and ensure you don’t accidentally step on another business’s toes by infringing on their rights.

Types of Trademarks in Kenya

Kenya recognizes various types of trademarks, each with a unique purpose:

1. Ordinary Marks: These are the most common trademarks, protecting goods or services of a specific enterprise. For instance, Naivas is a registered service mark that distinguishes its supermarket services from others.
2. Certification Marks: These marks signify that a product or service meets certain quality standards. A familiar example is the Kenya Bureau of Standards (KEBS) certification, assuring consumers of safety and quality.
3. Distinguishing Guise: Ever thought of a chocolate bar shaped like a bunny? If it’s unique, that shape can be registered as a distinguishing guise, protecting its visual identity.
4. Well-Known Marks: Some trademarks are so popular that they receive extra protection. Brands like Toyota, Facebook, and Microsoft are globally recognized, making them well-known marks safeguarded from even the most distant imitators.
5. Collective Marks: Used by associations, these marks help distinguish the goods or services of members from those who aren’t. It’s a way to uphold the reputation of an organization and its members.

What Makes a Trademark Registrable?

To qualify for registration, a trademark must be distinctive and capable of identifying your products or services. Here are some basics:

• It can feature a unique company name or an invented word.
• It must avoid common surnames, direct references to product quality, or geographical names.
• The mark should steer clear of designs that could deceive, cause confusion, or violate laws or morality standards.

The Trademark Registration Process

Securing a trademark in Kenya is a detailed but manageable process. It starts with a search at the Kenya Industrial Property Institute (KIPI) to check if a similar mark already exists. Applicants must complete a form, attach a representation of their mark (ideally 8x8 cm), and submit it for review.

Here’s how the registration unfolds:

1. Preliminary Examination: KIPI examines the application for formalities and ensures the trademark meets distinctiveness standards. If necessary, you may be asked to modify or remove non-distinctive elements.
2. Publication: If the trademark is accepted, it’s published in the KIPI Journal. This is like putting out an open call: if anyone objects to your trademark, they have 60 days to come forward.
3. Final Approval: Once objections are resolved and fees are paid, your trademark is officially registered, valid for ten years.

How Long Does It Take?

Patience is key! Depending on the complexity and potential objections, the trademark registration process can take anywhere from 6 months to 2 years. But once registered, your brand enjoys a decade of protection, with the option to renew.