Spoor & Fisher - Intellectual Property law specialists Patents, trade marks, copyright, design, domain names, South Africa and Africa

Kenya

Capital: Nairobi
Population: 30 million
Major languages: Swahili, English
Major religion: Christianity
Form of government: Multiparty republic
Monetary unit: 1 Kenya shilling = 100 cents
Main exports: Tea, coffee, horticultural products, petroleum products
Internet domain: .ke
Time zone: GMT+3
International dialling code: +254

Back to map

Trade Marks

International Arrangements:

Paris Union, Madrid Union (Agreement and Protocol), TRIPS.

Kenya is a common law country, and while it had joined both the Agreement and Protocol in 1998, International registrations were unenforceable in this territory until new legislation was adopted, with effect from 22 August 2003. It is very likely that the courts will neither recognise nor enforce International registrations, which designated Kenya, prior to 22 August 2003.

Categories of Trade Marks:

There are provisions for the registration of CERTIFICATION MARKS, COLLECTIVE MARKS, DEFENSIVE MARKS, SERIES MARKS and SERVICE MARKS.

Classification:

The International Classification of goods and services applies.

A single application may cover any number of classes of goods and / or services.

Documents required:

A. New Applications

Power of Attorney (not legalised).
10 prints, except for word marks in ordinary type.
Priority document (if applicable), with verified English translation.

B. Renewals

Power of Attorney (not legalised).

C. Assignments/Mergers

Power of Attorney (not legalised).
Deed of Assignment or other instrument of title, with verified English translation.

D. Change of Name

Power of Attorney (not legalised).
Certificate of Change of Name, with verified English translation.

E. Change of Address

Power of Attorney (not legalised)

F. Licences/Registered Users

Powers of Attorney (not legalised) from proprietor and licensee.
Declaration and Statement of Case, with verified English translation.
Licence Agreement, with verified English translation.

Back to map

Trade Mark Forms

Kenyatrd.pdf

Patent Forms

KENYAAsst.pdf
Kenya_PA.pdf

Related News Articles

1) Kenya - Summary of Trade Mark Law Amendments 2002 - 2003

2) Madrid - An African Perspective

3) Kenya - Accession to Madrid Arrangements now Effective

4) Kenya - Summary of Trade Mark Law Amendments 2002 - 2003

5) Circular No. 346: Africa Newsletter (Trade Marks)

6) Kenya – Ingenious Measures and a Set-back

7) Circular No. 357: Industrial Property Developments in Africa and Surrounding Islands

8) The United Kingdom and Kenya - The Kikoy Controversy

Patents

International arrangements:

Paris Union (from 14 June 1965)
WIPO (from 5 June 1971)
ARIPO (from 24 October 1984)
PCT (from 8 June 1994)

Types of Patents available:

Patents of Invention
Patent of Addition
National Phase PCT application
ARIPO application
ARIPO Regional Phase PCT application

Novelty requirement:

Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, and it was as a consequence:

of acts committed by the applicant or his predecessor in title, or
an abuse committed by a third party with regard to the applicant or his predecessor in title.

Patentability:

Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in any such methods may be patented.

Filing requirements:

Patents of Invention (Non-PCT):

Power of Attorney (simply signed) (can be late filed, no set deadline)
Specification, claims and abstract in English (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
International Patent Classification (can be late filed, no set deadline)
Assignment of Invention (can be late filed, no set deadline)
Priority document with verified English translation (can be late filed within three months)

National Phase PCT application:

Power of Attorney (simply signed) (can be late filed, no set deadline)
Specification, claims and abstract in English (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
Relevant class(es) of the International Patent Classification (can be late filed, no set deadline)
Copy of International Publication (required on the day of filing)
Copy of International Search Report (can be late filed, no set deadline)
Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

ARIPO application in which Kenya is designated:

Please see ARIPO

ARIPO Regional Phase PCT application:

Please see ARIPO

Grant:

The term of a patent is twenty years from the filing date. Renewal fees fall due annually commencing on the first anniversary of the filing date. However for national phase applications the first renewal fee falls due on the next anniversary of the international filing date.

Back to map