The short answer
A Kenyan trademark is registered for 10 years, and the Act treats the date of the application as the date of registration, so the term counts from filing. Renewal gives a further 10 years from the expiry of the last registration, within the period set by the Rules. A mark can be taken off the register after 5 continuous years without bona fide use. The opposition and renewal periods are set in the Trade Marks Rules.
Trademark deadlines in Kenya at a glance
These rules come from the Trade Marks Act, Chapter 506 of the Laws of Kenya (Revised Edition 2009), published by KIPI. The Act leaves some time limits, such as the opposition period and the renewal period, to the Trade Marks Rules, so we confirm those before we file or renew.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable from time to time (section 23(1)). |
| Which date does the term count from? | The date of the application. A registered mark is registered as of the date of the application, and that date is deemed to be the date of registration (Act, registration provision). |
| When can I renew? | Apply within the prescribed period set by the Rules. The Registrar sends a notice before expiry telling you the date and the fees (section 23(3)). |
| Is there a grace period? | The Registrar may remove the mark if the conditions for renewal are not met, and the Rules set the conditions for restoration (section 23(3)). A removed mark is still treated as on the register for one year for the purpose of new applications, unless there was no bona fide use in the 2 years before removal (section 23(4)). |
| Opposition period | Any person may oppose within the prescribed time from the advertisement of the application, in writing with grounds. The applicant files a counter-statement within the prescribed time or the application is deemed abandoned. We confirm the current period in the Rules. |
| Priority claim | Convention priority is available. We confirm the period and the formalities in the Rules at filing. |
| Non-use | A mark can be taken off the register for goods or services if, up to one month before the application, a continuous period of 5 years or longer passed with no bona fide use by any proprietor (section 29(1)(b)). It can also be removed if it was registered without a bona fide intention to use it. |
| Assignment | Record the assignment with the Registrar so the register shows the new owner. Ask us for the current form and fee. |
Who can register a trademark in Kenya
Individuals and companies from any country can apply to KIPI. Kenya registers a mark after examination, advertisement and the opposition period.
Representation. Foreign owners normally act through a Kenyan trade mark agent. We confirm the current requirements before filing.
Trademark registration process in Kenya
Search
- Search the Kenya Industrial Property Institute (KIPI) records for identical or similar marks in your classes.
File the application
- File with the Kenya Industrial Property Institute (KIPI), through your Kenyan agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- Anyone can oppose in writing within the prescribed time. The applicant answers with a counter-statement, and the Registrar decides after hearing the parties.
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the Kenya Industrial Property Institute (KIPI) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Kenya trademark validity and renewal
- The registration lasts 10 years, counted from the date of the application.
- Renewal gives a further 10 years from the expiry of the last registration.
- Renew within the period set by the Rules, and keep your address for service up to date, because the Registrar sends the reminder there.
- If the mark is removed for non-payment, it is treated as still on the register for one year for new applications, with exceptions (section 23(4)).
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Kenyan trademark
Assignment
Transfer of a mark
Record the assignment with the Registrar so the register shows the new owner.
Registered user
Licensing
Kenya has registered user rules in the Act. Ask us for the current approach.
Part of a mark
Disclaimers
A proprietor who claims the exclusive use of only part of a mark can record it separately (section 24).
Name or address
Change of the owner's details
Record the change so notices and renewal reminders reach the right address.
Non-use and cancellation of a Kenyan trademark
Under section 29, a registered trademark can be taken off the register on the application of any person aggrieved, to the court or, at the applicant's option, to the Registrar. The grounds include a registration made without a bona fide intention to use the mark, and a continuous period of 5 years or longer without bona fide use. The use of a mark in a different form and use for related goods can count in some cases.
Keep dated proof of use in Kenya: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Kenya
Search the KIPI trademark register and check the advertisement date, the registration date and the expiry date. The opposition period runs from the advertisement.
Sources used
- Trade Marks Act, Chapter 506, Laws of Kenya (Revised Edition 2009), published by KIPI: sections 23, 24 and 29, and the provisions on opposition and registration.
- Kenya Industrial Property Institute (KIPI) for the register, forms, fees and the Trade Marks Rules.
Kenya trademark FAQ
How long does a trademark last in Kenya, and from when?
10 years, renewable from time to time (section 23(1)). It counts from the date of the application, which the Act deems to be the date of registration.
When should I renew a Kenyan trademark, and is there a grace period?
Apply within the prescribed period set by the Rules. The Registrar sends a notice before expiry telling you the date and the fees (section 23(3)).
What is the opposition period in Kenya?
Any person may oppose within the prescribed time from the advertisement of the application, in writing with grounds. The applicant files a counter-statement within the prescribed time or the application is deemed abandoned. We confirm the current period in the Rules.
How much does it cost to register a trademark in Kenya?
The official fee is set by the Kenya Industrial Property Institute (KIPI) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Kenya?
Yes. Foreign owners normally act through a Kenyan trade mark agent. We confirm the current requirements before filing.
Can I assign a Kenyan trademark?
Record the assignment with the Registrar so the register shows the new owner. Ask us for the current form and fee.
Can a Kenyan trademark be cancelled for non-use?
A mark can be taken off the register for goods or services if, up to one month before the application, a continuous period of 5 years or longer passed with no bona fide use by any proprietor (section 29(1)(b)). It can also be removed if it was registered without a bona fide intention to use it.
How can I check the status of a Kenyan trademark?
Use the Kenya Industrial Property Institute (KIPI) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority is available. We confirm the period and the formalities in the Rules at filing.
How do I change the owner's name or address?
Record the change with the Kenya Industrial Property Institute (KIPI) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Kenya
SUPREMEiP® files trademarks worldwide through its network and checks every Kenyan deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
