Kenya

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Kenya is a party to the Madrid System for international registration of Trade Marks, and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Kenya follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 12 months. Trade Mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade Marks may be opposed within 60 days from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Kenya and although no specific provision is made for the protection of common law trade mark rights in the country’s local legislation, such rights are recognised in Kenya.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention; International Convention for the Protection of New Varieties of Plants; Convention establishing World Intellectual Property Organization (WIPO); 
Patent Cooperation Treaty (PCT);  and Lusaka Agreement

Types of Patents

Patents of Invention
ARIPO Designations

Novelty Requirements

Absolute novelty

Examination procedure

Formal examination with a prior art search and substantive examination

Duration & Maintenance

20 years for filing date
Annual maintenance payments

Working Requirement

No use requirement, but failure to do so may be a ground for the grant of a compulsory license

Grace Period/Prior knowledge

12-month grace period for disclosures by the applicant or for unauthorised disclosures by a third party

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention; Convention establishing World Intellectual Property Organization (WIPO);  and Lusaka Agreement

Types of Designs

Utility Models
Industrial Designs

Classification

Not a full party to the Locarno Agreement Establishing an International Classification for Industrial Designs but in practice that classification is recognized

Novelty Requirements

Absolute novelty

Grace Period/Prior knowledge

No grace period
Examination procedure
Only formal examination

Duration & Maintenance

5 years from filing date which term can be extended twice for consecutive five-year periods.
Maintenance payment every 5 years.

Working requirement

No use requirement