A Guide to Trademark Registration in Kenya

B & I East Africa are certified trademark registration agents in Kenya, Tanzania and Uganda. We assist in the application, processing and registration of Trademarks and intellectual property in Kenya.

How to register a Trademark in Kenya

At B&I East Africa, we provide you with a reliable trademark registration and support services for your business.

Trademarks in Kenya are regulated by the Trademarks and under the Kenya Industrial Property Institute commonly referred to as KIPI . Registering a Trademark is the safest way to ensure exclusive use of your brand name and logo to safeguard your brand. A Trademark or Brand registration helps to protect one against intellectual property infringement.

The Trademarks Act describes a mark to include “a distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof whether rendered in two-dimensional or three-dimensional form

Trademark registration procedure in Kenya

The Procedure followed during Registration of Trademarks in Kenya are as follows,

  1. 1. Preliminary Search - Search of trademark name and logo During registration of a trademark, the applicant should conduct a search to establish whether the mark is registrable or not and whether the proposed registration adheres to the regulations of the Trademarks Act.

  2. 2.Execution of application forms.

  3. 3.Application for registration. Once the search shows that the mark is available for registration the applicant may apply for registration of the mark. A person or company claiming to be the owner of a trademark may apply for registration through application form TM 2. This application is accompanied by seven (7) representations of the mark.
    Foreign applicants are required to file through an agent and the application should be accompanied by the form of authorization Form TM 1 in the Act or the power of attorney duly completed and signed and must have a duty stamp affixed on it. The application should also be accompanied by form TM 32 in the Act for entry of the address of service in Kenya. The applicant is required to file a separate application for each mark in each different class. However, one can apply for registration of a mark in different classes.

  4. 4. Examination - Once the Application for registration is received, it then proceeds for examination. The mark will undergo three types of examination
    • - Formality examination this involves finding out whether the right documents are filed, whether the forms included are properly filled, and the required fees is appropriately paid. It is necessary that the class should be checked against the specification and confirm that the name, description and address of the Applicant is clearly written.
    • - Search A Search is conducted to ascertain that there is no similar or closely resembling mark is on the register, otherwise the present application can be refused on that ground. If there exists a similar mark from the same applicant ordinarily an association is requested.
    • - Substantive examination-during substantive examination, the mark is examined as to its distinctiveness. Normally the applicant is requested to remove non distinctive matter and descriptive elements. Where removal of such matter may result in the loss of the identity or substantially affect the main features of the mark entry of disclaimer is normally requested. Letters, Numerals, geographical names, names of places, names of communities, general representation of human beings, words or figures common in the respective trade are normally disclaimed. Logos, emblems, flags and Marks of International Organizations are normally not registrable by anybody else except the respective Organizations or one authorized by them to do so. Generic names of products are also not registrable.

      • Once the examination is complete KIPI will then communicate to the applicant or the Agent of the approval or disapproval. In case of approval, the mark proceeds to advertisement. In case of disapproval, one may appeal against the decision or abandon the application.


  5. 5.Advertisement and Opposition If the Registrar is satisfied that the Trademark is registrable after conducting substantive examination, the Trademark shall be advertised in the KIPI Journal, which is published monthly. Any interested party with valid grounds may proceed to raise an objection, by filing a statement of opposition, if they are opposed to registration of the Trademark. If the application is opposed, the registration process is halted and opposition proceedings are commenced. If no objection is raised after 60 days from the date of advertisement, the Trademark shall be registered, and a Certificate of Registration issued to the applicant.

  6. 6. Registration and issuance of Trademark certificate. If there is no opposition to the trademark after the statutory 60 days period from the date of advertisement, or if an opposition has been decided in the applicant’s favor, the application will be registered, and the Institute will issue a Certificate of Registration and enter the registration. The date of the certificate of registration of a trademark is always duplicated to conform with the date the application was made

Requirements for registration of a Trademark in Kenya

In order for a trademark to be registrable, the application contain the following essential requirements,

  1. Proposed name of Trademark.

  2. The name of the applicant. IE The company, individual or firm, represented in a special or particular name.

  3. Contact information of the applicant including the Postal address, email address, Telephone number and physical address;

  4. Description of the trademark. - Representation of the proposed trade mark

  5. Trademark Artwork in soft and hard copy.

  6. Class / category of the Trademark

  7. The signature or seal of the applicant and in the case of a company, a copy of the registration certificate.

  8. The nationality of the applicant as this determines the cost. Local and international trademarks attract different costs.
“Upon submission of the application for Trademark, the application request shall be published in the KIPI journal for three Months and thereafter the application processed.”

How long does it take to register a Trademark in Kenya?

Trademark Registration in Kenya takes an average of 3 / 5 months.

How much does it cost to register a trademark in Kenya?

To register a trademark, the general costs are as follows.

  • Name and logo search
  • Application
  • Publication
  • Registration.

What is a Trademark?

A Trade Mark is a mark or sign that is legally registered and helps to distinguish good, products or services of an industrial or a commercial enterprise.
This sign may consist of one or more distinctive works, letters, numbers, drawings or pictures, monograms, signatures, colors or combination of color

A trademark in Kenya is a form of intellectual property consisting of a distinctive symbol, design or expression that differentiates a product or service. The sign may consist of one or more distinctive words, letters, numbers, drawings or pictures, monograms, signatures, colors or combination of colors etc


What are the required trademark forms?

Some common trademark Forms include the following.

  • Form TM2 - Application for registration of a Trademark
  • TM 27 - Request for search
  • TM1 - Appointment of Agent
  • TM 10 - Application for renewal of a trademark

What can be registered as a trademark in Kenya?

The following may be registered as trademarks in Kenya.

  1. logos
  2. words
  3. letters
  4. numbers
  5. drawings or pictures
  6. signatures monograms
  7. device marks
  8. labels
  9. packaging
  10. slogans
  11. colors or combination of colors
  12. Sound marks capable of being graphically represented
  13. tickets
  14. The sign may consist also of combinations of any of the said elements

Types of Trademarks in Kenya.

There are different types of Trademarks in Kenya which include:

  1. Product Marks These are those marks that relate to identification of specific goods
  2. Service Marks A Service Mark is a sign which serves to distinguish services of an industrial or a commercial enterprise or a group of such enterprises. Services may be of any kind, such as financial, banking, travel, advertising, or catering, to name a few.
  3. Certification Marks These marks are used to identify products that comply with a set of standards and have been certified by a certifying authority. A good example is the Kenya Bureau of Standards certification mark. Certification marks are owned by one person but licensed to others to identify good or services which meet the defined standard.
  4. Distinguishing guise A distinguishing guise identifies the unique shape of a product or its package. An example of a trademarked distinguishing guise is the Coca-cola bottle shape.
  5. Well-known marks These are marks that are considered to be well known in the market and as a result, benefit from stronger protection. Examples of well-known marks include Toyota, Mercedes Benz, Microsoft, You Tube, Facebook, Google, Sony, Unbeliever, Samsung, Yahoo, etc

How long is a trademark valid in Kenya

A registered trademark in Kenya is protected for a period of 10 years from the date of registration in Kenya.
Six months prior to the expiry of the Trademark, the Registrar shall notify the Trademark owner in writing of the impending expiry date. The owner may apply for the renewal of the trademark which covers an additional ten years.

Unregistered Trademarks in Kenya

Unregistered Trademarks are recognized under Section 5 of the Trademarks Act and may be enforced through a passing-off action. In a passing-off action, the owner of the unregistered mark must prove that he”Un registered Trademark” Product or service has acquired sufficient reputation through use by the public. Unregistered trademarks are also protected under Section 15A of the Trademarks Act upon sufficient proof of their reputation and well-known status in Kenya. Well-known trademarks generally require a great degree of use, that has resulted in a high degree of knowledge or recognition of the brand mark in the relevant sectors in Kenya.

Trademark Classification in Kenya

KIPI uses the Nice Classification Treaty protocols for choosing the classes in which marks have to be registered in Kenya.
It is possible to apply for Mark protection in Kenya under different classes with a single trademark application. The Nice Agreement has classified Trademarks into 45 Trademark Classes

  1. 1 to 34 cover goods
  2. 35 to 45 covers services

Why Register a Trademark in Kenya?

Registering a Trademark in Kenya has the following benefits

  1. Registration is prims-facie evidence of exclusive ownership of the Trademark and thus enables one to easily protect their rights should someone challenge them
  2. Registration of a Trademark helps to keep off potential infringer from exploiting the goodwill of your Trademark
  3. Registration helps one avoid trademark infringement and lengthy & costly legal suits. Using an unregistered Trademark can lead to a lengthy and expensive legal dispute over the rightful owner
  4. Geographical Coverage. Registering your Trademark usually gives you nation-wide protection instead of rights that are restricted to the specific areas or regions in which you trade. Further, if you want to expand overseas, this gives you a good platform to obtain rights in other countries – even before you commence trading in those countries
  5. Proprietors of Registered Trademarks can earn fees and royalties by licensing to third parties;
  6. The law allows the owner of a registered Trademark to prevent unauthorized use of the mark in relation to products or services which are identical or “colorfully” similar to the “registered” products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services

How long does it take to register a Trademark in Kenya?

The process of trademark registration takes approximately 10-16 months from the date of filing up to certificate grant.