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Kenya
Information on the filing of Patents, Designs and trademarks in Kenya

South AfricaMauritania, member of OAPI & PCTMali, member of OAPI & PCTNiger, member of OAPI & PCTBakina Faso, member of OAPI & PCTIvory Coast, member of OAPIGuinea, member of OAPISenegal, member of OAPIChad, member of OAPICameroon, member of OAPICentral African Republic, member of OAPICongo, member of OAPIGabon, member of OAPILibyaSudan, member of ARIPOKenya, member of ARIPOBenin, member of OAPITogo, member of OAPIGuinea Bisaau, member of OAPIMali, member of OAPIEquatorial Guinea, member of OAPIAlgeriaAngolaDemocratic Republic of CongoMoroccoMadagascarNigeriaEgyptEthiopiaLiberiaTanzania, member of ARIPOZambia, member of ARIPOZambia, member of ARIPOMozambique, member of ARIPOSierra Leone, member of ARIPOUganda, member of ARIPOTunisiaGhana, member of ARIPOLesotho, member of ARIPOSomaliaEritreaRwandaMalawi, member of ARIPOSwaziland, member of ARIPOSouth Africamember of OAPIBurundimember of ARIPOmember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of OAPImember of ARIPOmember of ARIPOmember of OAPImember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOBurundi

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Head Office
Tel: (27)(12) 342 1774
Fax: (27)(12) 342 3027
222 Richard Street, Hatfield, 0028, South Africa
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hahn@hahn.co.za

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Office Hours:
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We are closed on Saturdays, Sundays and Public Holidays although our professional staff can often be reached on their emails after hours or by prior arrangement.

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PATENT REGISTRATIONS

Kenya is a member of the International Convention, ARIPO and of the PCT.

The requirements for filing a non-PCT application in Kenya are as follows:

(a) A Power of Attorney - no legalization or notarization necessary;
(b) An Assignment of Invention (not required if the inventor(s) and applicant(s) are the same) - no legalization or notarization necessary;
(c) A copy of the specification (including claims, drawings, and abstract) in English; and
(d) A certified copy of the priority application and, if necessary, a certified translation into English thereof.

Please note that the documents listed under item (c) are required on the day of filing. Items (a), (b), and (d) can be late lodged subsequent to the filing date.

The requirements for filing a PCT application in Kenya are as follows:

(i) A Power of Attorney - no legalization or notarization necessary;
(ii) A copy of the specification (including claims, drawings, and abstract) in English;
(iii) A copy of the PCT International advertisement;
(iv) A copy of International Search Report; and
(v) A copy of International Preliminary Examination Report and, where appropriate, an English translation thereof.

Please note that the documents listed under items (ii) and (iii) are required on the day of filing. Items (i), (iv), and (v) can be late lodged subsequent to the filing date.

We estimate that the cost of filing a patent application in Kenya will be between about US$ 2600.00 and US$ 2800.00 (excluding translation costs, if necessary). To this must be added surcharges of about US$ 30.00 per claim over the first 10.

TRADEMARK REGISTRATIONS

1. Filing requirements

1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A simply signed power of attorney.
1.4 Clear print of device mark

2. Classification

2.1 The 45 classes of the International Classification (Nice Agreement) are followed.

3. General

3.1 Duration : 10 years from filing date and renewal for further periods of 10 years.
3.2 Use : If not used for a continuous period of 5 years and one month, a mark may be removed from register. 3.3 Marking : Not compulsory.
3.4 Licenses : Are permitted.
3.5 Assignments of applications are permitted
3.6 Searches available within approximately 7-10 working days from instruction and are conducted on an online register

4. Costs (US$)

4.1a Application: First trade mark in 1 class $1900, additional classes filed simultaneously $880 each
4.1b Additional applications filed simultaneously: $1800 per mark
4.1c Claiming priority: $230 each
4.2 Assignment: First trade mark $920, additional marks filed simultaneously $560 each; additional classes $310 each
4.3 Change of name: First trade mark $750, additional marks filed simultaneously $380 each
4.4 Change of address: First trade mark $600, additional marks filed simultaneously $370 each
4.5 Licenses: First trade mark/class $1210, additional marks filed simultaneously $720 each additional classes $550 each
4.6 Renewal: First trade mark/class $1120, additional marks renewed simultaneously $990 each; Additional classes renewed simultaneously (for multi-class registrations) $370 each
4.7 Searches: 1 trade mark in 1 class $510; additional classes $180 each Status search: $380 per mark

*** Above quotations exclude courier charges ***