International and Regional Arrangements

Kenya is a member of the Paris Convention and Madrid Agreement.

TRADEMARKS

International classification of goods and services is applicable. Provision is made for multiple class filings.

Types of Trademarks Registrable

Service marks and Collective trademarks, Certification trademarks, Defensive registrations, Parts of marks and Series marks.

Documents required for trademark registration

1. A Power of Attorney
2. Prints of the mark if not a word mark.
3. Specification of goods
4. Full details of the Applicant

Renewals

Valid for an initial period of ten (10) years counting from the date of filing
Renewable every ten (10) years.

Documents required for trademark renewal

1. A duly completed and signed trademark application form (Form TMN 17);
2. Name, address and nationality of the proprietor;
3. Name, address and nationality of the applicant;
4. Power of Attorney in prescribed form; and
5. The Government fee payable.

Documents Required for Renewals

Power of Attorney simply signed.

Documents required for assignments/mergers

1. Power of Attorney simply signed.
2. Deed of Assignment or other instrument of title, with verified English translation.

Documents required for change of name

1. Power of Attorney simply signed.
2. Certificate of Change of Name, with verified English translation.

Documents Required for Change of Address

Power of Attorney simply signed.

Documents required for Licenses/Registered Users

1. Power of Attorney, simply signed, from proprietor and licensee.
2. Declaration and Statement of Case, with verified English translation.
3. License Agreement, with verified English translation.

PATENTS

Filing Requirements:

National Phase PCT Application:

1. A copy of the PCT Request Form as well as an English translated version of the same, if not in English;
2. A duly completed and signed Power of Attorney (Form IP 39);
3. A copy of the specification (including claims, drawings, and abstract) in English;
4. A copy of the International Publication/Advertisement by the International Bureau as well as an English translated version of the same, if not in English;
5. A copy of the International Search Report as well as an English translated version of the same, if not in English;
6. A copy of International Preliminary Examination Report and, where appropriate, an English translation thereof; and
7. In the event that the applicant is not the inventor, then Form IP 4 justifying applicant’s right to the patent.

Patents of Invention (Non-PCT):

1. A statement justifying the applicant’s right to the patent in the event that the applicant is not the inventor;
2. A description stating the title of the invention, the technical field to which it relates, the background art which can be regarded as useful for understanding, searching and examination of the invention and how the invention is industrially applicable;
3. A claim setting out the technical features, that are necessary to define the subject matter of the invention and shall not include a drawing;
4. Drawings;
5. An abstract stating the title of the invention, a summary of the description of the invention, the technical field to which the invention relates and the principal use or uses of the application;
6. Declaration of the inventor ship signed by the applicant;
7. Priority documents, (if any) verified translation of the priority documents if any are not in English verified English translation thereof; and
8. Power of attorney

Grant and Renewal

The term of a patent is twenty (20) 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.