Nice classification

Registrable as trademark are distinguishing guise, slogan, device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof whether rendered in two-dimensional or three-dimensional form.
The following trademark types are registrable: trade marks, service marks, defensive marks, certification marks and collective marks.

A trademark application is filed at the Kenya Industrial Property Institute (KIPI).
Multiple-class applications are possible.
Foreign applicants do not need a domestic registration.
Foreign applicants need a local agent.
A power of attorney is necessary. No legalization or notarization is necessary.
Before registration the mark is published in the monthly KIPI Industrial Property Journal which is electronically available since September 2011.

National:
The opposition period is 60 days from the publication date of the trademark application.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
60 days

Trademark protection is valid on its registration with the effective date of the registration being the date of the application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years thereafter.

A trademark may be removed from the Register on the grounds of non-use on an application by any person if it has not been used in Kenya for a continuous period of five (5) years or if the trademark was registered without any bona fide intention of use and if there has been no bona fide use of the trademark by the proprietor up to the date one month before the date of the application. The onus of prove is on the applicant.

A foreign fee (payable in USD) is applied if the person paying the fee or on whose behalf the fee is being paid does not reside in Kenya and does not have a principal place of business in Kenya:
The official fee for application is USD 200.00 for one class and USD 150.00 for each additional class. The official registration fee is USD 150.00 for each class and USD 100.00 for each additional class. The fee for advertising is USD 60.00 for each class and USD 50.00 for each additional class.
There is also the official fee of USD 50.00 for the filing of the power of attorney.

Trademark Licence Agreement
A licence has to be in writing. It is permitted to license the use of unregistered trademarks. A proprietor can register a user for only some of the goods or services in respect of which the mark is registered or becomes registered. The sale of a registered trademark does not automatically terminate the licence. There are no provisions prescribing the terms of licensing.

Recordal
The recordal of a licence is mandatory in terms of the Trade Marks Act. There is no time frame for a recordal. The proprietor and the proposed licensee shall apply in writing to the Registrar in the prescribed manner (Form TM 48) and shall furnish him with a statutory declaration made by the proprietor.

The written application should state the following information:
1. Particulars of the relationship, existing or proposed, between the proprietor and the proposed licensee, including particulars showing the degree of control to be exercised by the proprietor over the permitted user, the proposed licensee shall be the sole licensee and whether there are any other restrictions as to persons for whose registration as licensees application may be made
2. The goods or services in respect of which registration of a licence is proposed
Any conditions or restrictions proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use or to any other relevant matter
3. The duration of permitted use

Effectiveness
The licence becomes effective and enforceable against third parties upon its registration. It must be published in the monthly Industrial Property Journal once as soon as the registered user has been entered into the Register.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. The licensee may not join the proprietor in infringement proceedings. However, he may call upon the trademark owner to institute infringement proceedings. The relevant provisions of the Trade Marks Act stipulate that, two months after a request has been made to the owner of the trademark by the licensee, he can institute proceedings in his own name, provided that the owner fails to institute proceedings within this period. The user must cite the proprietor as co-defendant in any such proceedings.

Search type	First class	Add. class
Word Mark Search (availability)	340,00 €	250,00 €
Word Mark Search (identical)	310,00 €	210,00 €
Extended Search (word mark, company name, domain)
Device Mark Search (availability)	350,00 €	250,00 €
Trademark Owner Search	350,00 €
Company Name Search
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)	500,00 €	450,00 €

The Prices above are S.M.D. Markeur Search Fees