Requirements for Registration of Trade marks - Kenya
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Patent application examination
The first task for the examiner is to determine whether the application meets the requirements according to the filing date.
These requirements are prescribed under section 41 of the Act as the name of the:
- applicant;
- description;
- claims; and
- drawings where necessary.
Contact details
KIPI Centre,
Kabarsiran Avenue,
Off Waiyaki Way, Lavington
P.O. Box 51648-00200, Nairobi.
Tel: 020-6002210/11, 6006326/29/36, 2386220
Mobile: 0702002020, 0736002020
E-mail: info@kipi.go.ke
Facebook: @kipikenya
Twitter: @kipikenya
www.kipi.go.ke
How to get a patent in Kenya
A patent is a legally enforceable right, granted by the government in return for disclosure of the invention to the public.
Patent protection is territorial, meaning every country grants patents that are only applicable and enforceable in that country. In other words, patents rights can only be enforced in a country where the patent is granted and in force.
Kenya Industrial Property Institute (KIPI) is responsible for examining and granting patents in Kenya. KIPI operates under the Industrial Property Act 2001.
However, it is also possible to obtain a patent through the African Regional Intellectual Property Organization (ARIPO), which is a regional intergovernmental organization mandated to grant patents on behalf of its member states. Currently ARIPO has a membership of 16 African countries.
What is the cost of a patent?
Patent costs vary from case to case and increase significantly if one seeks patents overseas.
The cost may also vary if the applicant uses the services of patent agents, who have their own set of fees.
To file an application in Kenya, at a minimum the following fees are applicable:
- Filing fee of Ksh3,000 - due when the application is filed;
- Publication fee of Ksh3,000 - due after 18 months from the filing date;
- Examination fee of Ksh 5,000 - due within 3 years from the filing date;
- Grant fee of Ksh 3,000 - due once the patent has been accepted for grant.
Requirements for Registration of Trade marks
Distinctiveness
In order for a trade mark (other than a certification trade mark) to be registrable , it must contain or consist of at least one of the following essential particulars-
- the name of a company, individual or firm, represented in a special or particular manner;
- the signature of the applicant or some predecessor in his business;
- an invented word or invented words;
- 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 a surname;
- any other distinctive mark, but a name, signature or word or words, other than such as fall within the descriptions in paragraphs (1), (2), (3) and (4) above , cannot be considered registrable except upon evidence of its distinctiveness.
"distinctive" means adapted, in relation to the goods in respect of which a trade mark is registered or proposed to be registered, to distinguish goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration and in relation to services means to distinguish services with the provision of which the proprietor is or may be connected in the course of business, from services the provision of which he is not so connected.
In determining whether a trade mark is adapted to distinguish, Registrar considers the extent to which
- the trade mark is inherently adapted to distinguish; and
- by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted to distinguish.