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Legal guides written by Adroit Law LLP:
Trademark law in Kenya is governed by the Trade Marks Act, which applies to Mombasa as well. A trademark is any sign that individualizes the goods or services of a given enterprise and differentiates it from its competitors. Trademarks can include logos, words, colors, sounds, or combinations of all. Registering a trademark in Kenya provides an owner with the exclusive right to use the mark for specific goods or services in the country. It serves as legal protection against misuse and infringement.
Engaging a lawyer can be incredibly beneficial when dealing with trademark related matters. They can carry out searches to ensure your proposed mark does not infringe on already registered marks. Additionally, lawyers can help in filing and processing the necessary applications for registration, manage any objections, and provide counsel in case of disputes or infringement claims. A lawyer's assistance can prove invaluable in navigating the complexities of the legal system when dealing with intellectual property rights.
The Trade Marks Act provides the legal framework for trademarks in Kenya. The Act outlines the process of registration, which involves filling an application at the Kenya Industrial Property Institute (KIPI). It must be noted that registration in Kenya only grants protection within the country's borders. Enforcement of a trademark right requires proving that you are the registered proprietor and the other party is using a similar or identical mark causing confusion to the public. The Act allows for civil remedies in case of infringement which includes damages, account of profits, delivery up of infringing labels and marks and injunctions.
Upon registration, a trademark lasts for ten years in Kenya. After this period, the registration can be renewed indefinitely in periods of ten years each.
Kenya is part of the Paris Convention and as such, provides priority right to foreign applicants enabling them to claim priority from their home application within six months.
In case of infringement, you can file a civil lawsuit for remedies, which may include injunctions, financial compensation, and on rare occasions, criminal sanctions for the offender.
No, it is not mandatory to register your trademark. However, registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation.
Yes, a registered trademark can be cancelled on grounds of non-use by a third party if it has not been used for a continuous period of five years and 3 months.
You can find more information on the Kenya Industrial Property Institute (KIPI) website. The World Intellectual Property Organization (WIPO) also has resources relating to Kenyan and international trademark law. The Mombasa Law Society may be an additional resource for finding local legal professionals specialized in trademark law.
If you need legal assistance in trademark, it is advised to contact a professional who is well-versed in Kenyan trademark law. You can find these professionals in law firms or through the Kenya Law Society. Always ensure to have a preliminary consultation, discuss the fees and understand the process before engrossing in any legal procedure.
