KENYA
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Trade Mark Services & Trade Mark Lawyers
Forms part of
- ARIPO
- OAPI
- MADRID
- WELL-KNOWN TRADE MARKS RECOGNISED?
-
NICE CLASSIFICATION
10th Edition
- KENYA
- ARIPO
- OAPI
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.
Kenya follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
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.
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.
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 recordals are possible.