HOW TO REGISTER A TRADE MARK
For more information on ARIPO Trade Mark Registrations click here.
1. The requirements for applications filed directly in Kenya are as follows:
- Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
- List of goods and/or services.
- A simply signed power of attorney.
- Clear print of the device mark.
- If priority is claimed: Certified copy of home application/ registration.
- The 11th Edition of the International Classification (Nice Agreement) is followed.
- Multi-class - Yes.
- a) Duration : 10 years from filing date and renewal for further periods of 10 years.
b) Duration if priority claimed: 10 years from priority date and renewable from further periods of 10 years.
- Use : If not used for a continuous period of 5 years and one month, a mark may be removed from register.
- Marking : Not compulsory.
- Licenses : Are permitted.
- Assignments of applications are permitted.
- Searches available within approximately 7-10 working days from instruction and are conducted on an online register.
4. Costs USD
- a) Application: First trade mark in 1 class $1550, additional classes filed simultaneously $685 each.
b) Additional applications filed simultaneously: $1450 per mark.
c) Claiming priority: $230 each.
- Assignment: First trade mark $990, additional marks filed simultaneously $530 each; additional classes $240 each.
- Change of name: First trade mark $670, additional marks filed simultaneously $310 each; additional classes $130 each.
- Change of address: First trade mark $610, additional marks filed simultaneously $380 each; additional classes $190 each.
- a) Renewal: First trade mark/class $950, additional marks renewed simultaneously $750 each; Additional classes renewed simultaneously (for multi-class registrations) $340 each.
b) Late renewal fine: $390 per mark.
- Searches: 1 trade mark in 1 - 4 classes $500; additional classes over 4 $145 each.
Status search: $295 per mark.
* Please note that the application fee covers the filing costs and normal prosecution of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc.
** Above quotations exclude courier charges
HOW TO REGISTER A PATENT OR DESIGN
In our experience, it is better to file an ARIPO regional application designating at least Kenya rather than a national application directly in Kenya. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Kenya Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Kenya is about the same as the cost of filing a national application directly in Kenya. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.
For more information on ARIPO Patent Registrations click here.
For more information on ARIPO Design Registrations click here.