Alin Law Care

E: info@alinlawcare.co.tz     |        P: +255 753 610 909 / +255 673 030 412    |        A:  Basement office no 4, Samora Tower

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TRADEMARK REGISTRATION SERVICES IN KENYA

Our licensed Trademark Attorneys in KENYA will handle your trademark request, check all formalities, and then file with the Kenya Industrial Property Institute. You will receive confirmation of filing and a copy of the filing request. We will contact you immediately if any subsequent office actions require additional information, or if there are any opposition in Kenya against your application 

  • Before applying for the registration of a trade mark, our Trademark Attorney do conduct trademark search to find out whether the trademark is registrable or not and also whether there exists in the records a trademark which could be confused with the intended trade mark. 
  • Search is not mandatory in Kenya but is advisable for the following two reasons;
    • It will help one in determining whether the application has a chance for success, or whether it would be a waste of time and money to try and register it in its present form.
    • It will also help one avoid trade-mark infringement and potential lawsuits if one went straight ahead in applying for registration.

Trademark Application Requirements 

  •  The application should be accompanied by form TM 32 (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.
  •  Foreign applicants are required to file through an agent and thus the application should be accompanied by the form of authorization Form TM 1 or the power of attorney duly completed and signed and must have a duty stamp affixed on it. No notarization/ attestation required.
  •  Name, address and Nationality of the applicant
  •  One copy of a mark/ logo
  •  List of goods/services intended to be protected under a respective mark
  •  Priority application number, country and date, if any
  •  Certificate copy of priority document.

Other relevant information

  • Any interested person can file an objection against the mark to be registered after being advertised in a Journal.
  • Opposition actions may be filed by interested third parties against a trademark application within a period of sixty (60) days following its publication in the Industrial Property Journal of Kenya. In certain circumstances, extensions of time of up to 90 days can be obtained by the opponent. The probabilities of success for an opposition will vary in each case depending on the circumstances.
  • The initial term of Trademark registration is 10 years calculated from the application date and can be renewed indefinitely for further periods of ten (10) years.
  • The trademark renewal can be requested as early as ninety (90) days before the expiration date. It can also be requested during the grace period of one (1) month after the expiration of the trademark has been advertised in the Industrial Property Journal, upon payment of a late renewal fee.
  • In Kenya, it is possible to claim a priority application if:
    • The applicant’s home country is a member of the Paris Convention
    • The home application was filed within six months earlier than the filing date in Kenya
    • International registrations can be designated in Kenya
  • Generally, in Kenya a trademark does not have to be in use in order for it to register, it must not go unused for more than five years after registration.

For easier communication, we advise all our prospective clients to contact us via https://www.alinlawcare.co.tz/contact/or WhatsApp number +255753610909

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