THE LEGAL PROCESS OF REGISTERING A TRADEMARK

 Introduction

 The Constitution of Kenya under Article 40(5) provides that the state shall support, promote and protect the intellectual property rights of the people of Kenya.

A trademark, is a recognizable sign, design or expression which identifies a particular product or service from the others.

Any individual or company can register a trademark in so far as they meet the necessary requirements.

Trademark registration and protection is governed by the Trademarks Act of Kenya (Cap 506). Trademarks are registered at the Kenya Industrial Property Institute (KIPI) and the registration lasts for an initial ten(10) years which can be renewed for a further ten(10) years using Form TM10 upon payment of renewal fees.

The procedure

The procedure for registering a Trademark is as below:

1.0    Preliminary Search

Prior to registration of a Trademark one has to conduct a preliminary search to find out if the mark can be registered or not. This is a very important step for anyone who intends to register a trademark as it helps one know whether the mark is registrable or not and to avid trade mark infringement suits. The search is conducted using Form TM27.

2.0 Application for registration

After confirmation that the trademark can be registered through the preliminary search, the next step would be to lodge an application for registration which is done using Form TM2 and TM32. In the case of foreigners who require to appoint an agent to conduct the registration on their behalf, their application has to be accompanied by Form TM1. The applicant has to also make the necessary payments required for registration.

3.0 Examination by the registrar

The application is fully examined at this stage to determine whether the mark is registrable. Once this is determined an examination report is issued stating whether the mark has been approved for registration or not.

4.0 Advertisement

Once the mark is approved for registration, one should pay the required advertisement fee after which the mark will be advertised in the KIPI Journal for sixty(60) days to allow for any objections to be raised,if no objection is raised then the mark can be able to proceed for registration. However, where there is an objection, Form TM6 is usually filed and proceedings in respect of the objection commence.

5.0 Registration

If there are no objections raised, the mark is registered and the proprietor of the mark is then issued with a Trademark Certificate.