The International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) - 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.
The International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification)
The Nice Classification was established under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, one of the treaties administered by the World Intellectual Property Organization. The Nice Classification was established by an Agreement concluded at a Diplomatic Conference held in Nice on 15th June 1957. Kenya has not ratified the Agreement. However, section 6 of the Trade Marks Act provides that goods and services in respect of which registration of a mark is applied for shall be classified in accordance with the Nice Classification. The following are the class headings under the Nice Classification:
GOODS
Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists
Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting
Class 5 Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines
Class 8 Hand tools and implements(hand-operated); cutlery; side arms; razors
Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus
Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Class 12 Vehicles; apparatus for locomotion by land, air or water
Class 13 Firearms; ammunition and projectiles; explosives; fireworks
Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments
Class 15 Musical instruments
Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks
Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery
Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
Class20 Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21 Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials
Class 23 Yarns and threads, for textile use
Class 24 Textiles and textile goods, not included in other classes;bed covers; table covers
Class 25 Clothing, footwear, headgear
Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)
Class 28 Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats
Class 30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice
Class 31 Grains and agricultural, horticultural and forestry products not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals; malt
Class 32 Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages
Class 33 Alcoholic beverages (except beers)
Class 34 Tobacco; smokers’ articles; matches
SERVICES
Class 35 Advertising; business management; business administration; office functions
Class 36 Insurance; financial affairs; monetary affairs; real estate affairs
Class 37 Building construction; repair; installation services
Class 38 Telecommunications
Class 39 Transport; packaging and storage of goods; travel arrangement
Class 40 Treatment of materials
Class 41 Education; providing of training; entertainment; sporting and cultural activities
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software
Class 43 Services for providing food and drink; temporary accommodation
Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services
Class 45 Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals