Kenya
Forms part of
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.
Forms part of
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
Forms part of
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
10th edition