Expert legal answers on trademark registration, IP enforcement against counterfeits, and navigating IP litigation in Kenya and East Africa.
Registration grants you exclusive rights to use the mark in relation to specific goods or services. Without registration you rely on common-law rights (passing off), which are significantly harder and more expensive to prove in court. A registered mark is your primary asset in any IP litigation in Kenya.
The process involves four main stages. First, a search: we conduct an official search at the Kenya Industrial Property Institute (KIPI) to ensure no identical or similar marks exist. Second, application: we file Form TM 2, and KIPI examines the mark for distinctiveness and compliance with the Trade Marks Act. Third, advertisement: if approved, the mark is published in the Industrial Property Journal for 60 days to allow for opposition. Fourth, registration: if no opposition is filed, the Certificate of Registration is issued.
Typically the process takes 4 to 6 months if there are no objections or oppositions.
You will generally need: applicant details (full name, address and nationality); a clear representation of the logo or mark; a list of the goods or services with their classes under the Nice Classification; a Power of Attorney (Form TM 1) signed by the applicant (no notarisation required); and, if claiming priority from a foreign application, a priority document filed within six months.
This refers to objections raised by the Registrar during the examination phase, not oppositions by third parties.
After filing, a KIPI examiner reviews your application. If it does not meet legal requirements, they will issue an examination report or notice of objection. Common grounds are absolute grounds — the mark is not distinctive, is descriptive (for example “Best Soap” for soap), or is contrary to public policy or morality — and relative grounds, where the mark is identical or confusingly similar to a trademark already registered or pending on the register.
You have a strict timeline (usually 90 days) to respond. We first file a written submission addressing the examiner’s citations, often distinguishing your mark from the cited mark or arguing acquired distinctiveness. If the written response is not accepted, we file Form TM 27 to request a formal ex-parte hearing, and our advocates appear before the Registrar to argue why the mark should be accepted. The Registrar then issues a ruling to either accept the mark for advertisement or issue a final refusal.
If no response or request for a hearing is filed within the stipulated timeline, the application is deemed abandoned and removed from the system.
Kenya follows the Nice Agreement, which divides trademarks into 45 classes. Classes 1 to 34 cover goods (for example electronics, clothing and pharmaceuticals) and classes 35 to 45 cover services (for example advertising, education, legal services and financial services). You must register your mark in the specific class relevant to your business; protection in one class does not automatically protect you in another.
Yes. Kenya allows multi-class applications, so you can file a single application covering several classes, though official fees are payable per class.
Kenya applies a dual fee structure: Kenyan citizens pay in Kenya Shillings (KES) while foreign applicants pay in US Dollars (USD). The figures below are official government fees only, charged per class; professional legal fees are charged separately.
| Service / Milestone | Description | Local (KES) | Foreign (USD) |
|---|---|---|---|
| Official Search | Search for existing or conflicting marks (Form TM 27) | KES 3,000 | USD 150 |
| Application Fee | Filing the application (Form TM 2), per class | KES 4,000 | USD 150 |
| Advertisement | Publication in the Industrial Property Journal (approx.) | ~KES 3,000 | ~USD 60 |
| Registration Fee | Issuance of the certificate (Form TM 19) | KES 2,000 | USD 100 |
| Total (est.) | Government fees only, per class | ~KES 12,000 | ~USD 460 |
Yes. Kenya is a member of the Madrid Protocol. Foreign applicants can designate Kenya in their international registration through WIPO, and Kenyan entities can file a single international application through KIPI to protect their brand in 130 or more member countries simultaneously.
Direct national filing is recommended if Kenya is your only target market or if you need speed and direct control over the local process. A Madrid designation is cost-effective if you are filing in multiple countries at once (for example Kenya, Uganda, Rwanda and the EU). However, if your basic mark in your home country is cancelled within five years, your Kenyan designation also fails — the “central attack” risk.
IP enforcement in Kenya generally follows a tiered approach. We first issue a cease-and-desist letter, a formal legal demand requiring the infringer to stop using the mark, destroy infringing materials and undertake not to repeat the offence. If the goods are counterfeit imports, we can file a complaint with the Anti-Counterfeit Authority (ACA) to seize the goods at the port or in the market. If the infringer persists, we file a suit for trademark infringement in the High Court seeking an immediate injunction and damages.
The ACA is a government agency mandated to combat counterfeiting. Brand owners “record” their IP rights with the ACA (Form ACA 1B); once recorded, ACA officers at ports such as Mombasa and JKIA can seize suspected counterfeit goods. It is illegal to import branded goods into Kenya for commercial purposes if the IP right has not been recorded with the ACA.
The KIPI Tribunal handles disputes about the validity of a registration, including oppositions (blocking a new mark) and expungement (removing a registered mark). The High Court (Commercial Division) handles civil suits for trademark infringement and passing off, where the remedy sought is damages or an injunction.
Any interested party can file a Notice of Opposition (Form TM 6) within 60 days of advertisement if the mark is identical or confusingly similar to their prior mark, if the mark is generic or descriptive, or if the applicant acted in bad faith.
If successful in an infringement suit, the High Court can grant injunctions (permanent orders stopping the infringer), damages (compensation for loss of sales or reputation), an account of profits (forcing the infringer to pay you the profit they made from using your mark), and delivery up (an order for destruction of all infringing goods and packaging).
Yes. A trademark is a property right that can be sold (assigned). The assignment must be in writing and recorded at KIPI (Form TM 14); the new owner is then entered into the register. An assignment is not effective against third parties until it is recorded.
Yes. You can grant a registered user agreement (a licence). The licence agreement should be filed with KIPI (Form TM 28). This is crucial because use by a recorded licensee counts as use by the owner, protecting the mark from non-use cancellation.
False. Registering a company name (for example “Nairobi Coffee Limited”) at the Companies Registry does not give you trademark rights to the name “Nairobi Coffee.” You must separately register the trademark at KIPI. A company registration only prevents others from registering a company with the exact same name; it does not stop them from branding their products with your name.
False. Copyright protects creative works (logos as artistic works, software code, books), while a trademark protects the brand name, slogan or logo as an identifier of source in the market. You often need both: copyright protects the artwork of your logo, while the trademark protects the brand name attached to it.
A trademark is valid for 10 years from the date of application.
You can renew it indefinitely for further periods of 10 years by paying the renewal fee (Form TM 10). The local fee is KES 2,000 and the foreign fee is USD 200.
If a registered mark is not used in Kenya for a continuous period of five years, any aggrieved person can apply to the KIPI Tribunal to have it removed from the register for non-use.
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Disclaimer: This article has been prepared for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute a lawyer-client relationship. Nothing in this article is intended to guarantee, warranty, or predict the outcome of a particular case and should not be construed as such a guarantee, warranty, or prediction. The authors are not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information. Readers should take specific advice from a qualified professional when dealing with specific situations.
