What is a Trademark in Kenya?
Under the The Trademarks Act of Kenya, Chapter 506, a trademark can include names, drawings, pictures, monograms, symbols, or any combination of these. Once registered, a trademark grants the owner exclusive rights over its use in Kenya.
A registered trademark in Kenya protects you against intellectual property infringement and unauthorized use of your brand by third parties. Trademarks are often referred to as brand names in Kenya.
Biz Brokers Kenya offers fast, reliable, and affordable trademark registration services in Kenya. We handle everything from trademark search to the final registration of your brand name, logo, or creative work.
Requirements for Trademark Registration in Kenya
To successfully register a trademark in Kenya, you must provide the following
documents and information to the
Kenya Industrial Property Institute (KIPI)
.
Essential Applicant Information
- Full applicant details: Complete names of the individual, partnership, or company applying.
- Contact information: Postal address, email, phone number, and physical location.
- Nationality or country of incorporation: Determines applicable fees and registration requirements.
- Business registration certificate: Copy of the certificate of incorporation or business registration (for companies or partnerships).
Trademark Specifications
- Proposed trademark name: Used for the preliminary name search and approval.
- Representation of the mark: A clear image or design of the trademark—such as a logo, wordmark, or combination—submitted in both soft and hard copies.
- Distinctive elements: The mark must include at least one of the following:
- A special representation of a name or signature;
- An invented or unique word;
- A distinctive logo, device, or symbol capable of identifying your goods or services.
Required KIPI Application Forms
- Form TM 27: Request for preliminary search to check for existing trademarks (recommended before filing).
- Form TM 2: Main application form for trademark registration.
- Form TM 1: Appointment of agent (mandatory for all foreign applicants).
- Form TM 32: Used to enter or change the official address for service in Kenya.
Important Note for Foreign Applicants
Foreign applicants are legally required to appoint a
registered trademark agent in Kenya and must submit
Form TM 1 to formalize this appointment.
Source:
Kenya Industrial Property Institute (KIPI)
Trademark Registration Process: A Step-by-Step Guide
Th following is a step-by-step procedure of trademark registration
Trademark Name Search
A preliminary search is conducted via Form TM27 to confirm if your trademark is registrable and not similar to existing ones.
Gather requirements
Collect all necessary documents and information required for the application process.
Pay the process fees
Pay the prescribed fees required which covers application, advertisement and publication
Submit Trademark Application (Form TM2)
Once approved, the application is made with seven (7) representations of the trademark. If submitted by an agent, Form TM1 (appointment of agent) and Form TM32 (address of service) are required.
Examination of Trademark
- Formality Examination – Checking the correctness of submitted documents.
- Registrar Search – Ensures no identical or confusingly similar trademarks exist.
- Substantive Examination – Evaluates distinctiveness and uniqueness of the mark.
Advertisement in the KIPI Journal
The trademark is published for 60 days to allow for opposition by third parties.
Defend any opposition
Where withing the advertising period there is any opposition, you will have to deal with the process.
Trademark Registration
If no opposition is filed, the trademark is officially registered KIPI will issue the certificate of registration of the Trademark.
Cost of Trademark registration in Kenya (KIPI) — 2025
The table below shows the official Kenya Industrial Property Institute (KIPI) fees for trademark applications.
Fees are shown separately for local (KES) and foreign (USD) applicants and are generally charged per class.
Always confirm current rates with KIPI before filing.
| Process / Application |
Local Applicants (KES) |
Foreign Applicants (USD) |
| 1. Similarity Search — TM27 |
1,000 (first class) / 500 (subsequent classes) |
20 (first class) / 10 (subsequent classes) |
| 2. Formal Application — TM2 |
3,000 (first class) / 1,000 (subsequent classes) |
100 (first class) / 50 (subsequent classes) |
| 3. Advertisement |
3,000 (first class) / 1,000 (subsequent classes) |
100 (first class) / 50 (subsequent classes) |
| 4. Registration |
5,000 (first class) / 2,000 (subsequent classes) |
150 (first class) / 50 (subsequent classes) |
| 5. Renewal — TM10 |
5,000 (first class) / 2,000 (subsequent classes) |
150 (first class) / 50 (subsequent classes) |
| 6. Change of Name — TM20 |
2,000 |
50 |
| 7. Change of Address — TM17 |
2,000 |
50 |
| 8. Assignment — TM14 |
3,000 |
75 |
| 9. License — TM48 |
3,000 |
75 |
| 10. Agency — TM1 |
2,000 |
50 |
Notes: Fees are the official KIPI charges and are usually payable per class. Additional costs may include legal/professional fees, document certification, translation, and expedited services. Always confirm the latest fees on the KIPI website or via your agent.
Need help? Biz Brokers Kenya can handle searches, filings and follow-up with KIPI to speed your application and avoid rejections.
Contact us
How long does it take to register a Trademark in Kenya?
Trademark registration in Kenya usually takes between
10 and 16 months from filing to issuance of the registration certificate.
The process may extend up to 2 years if objections or oppositions arise,
but provisional protection begins immediately once your application is filed with
the Kenya Industrial Property Institute (KIPI).
Trademark Registration Process & Timeline
- Filing & Formalities Check: 1–3 months
- Substantive Examination & Publication: 3–9 months
- Opposition Period: 60 days after publication in the Industrial Property Journal
- Registration & Certificate Issuance: 1–3 months after the opposition period (if unopposed)
Key Factors That Influence the Timeline
- Response Time: Delays in replying to KIPI queries or requests for clarification can slow progress.
- Examination Complexity: The depth and scope of KIPI’s substantive examination may extend the review period.
- Oppositions: Objections filed during the 60-day publication window are the most common reason for significant delays.
- Document Requirements: Foreign applicants requiring notarization or translation may face extended processing times.
Provisional Protection: From the filing date, no identical or confusingly similar trademarks
can be registered for the same goods or services, offering immediate legal protection while your application is processed.
To Speed Up Registration: Conduct a preliminary search before filing,
submit all required documents accurately, and appoint a local trademark agent to handle correspondence with KIPI efficiently.
Validity and Renewal of Trademarks in Kenya
A trademark in Kenya is valid for 10 years from the date of registration. It can be renewed indefinitely every 10 years by paying the renewal fee.
Who Can Register a Trademark in Kenya?
Any of the following can register a trademark in Kenya:
- Individuals
- Companies
- Partnerships & Cooperatives
- Societies & Associations
Types of Trademarks in Kenya
Trademarks are categorized under the International NICE Classification (45 classes), covering goods and services.
- Trade Marks: Identify goods produced by a business.
- Service Marks: Identify services offered by a provider.
- Collective Marks: Used by associations or groups.
- Certification Marks: Show compliance with standards.
- Well-Known Marks: Globally recognized and protected.
See full details here: Trademark Classes in Kenya
Benefits of Trademark Registration in Kenya
- Exclusive Rights: Full ownership and control over your brand name, logo, or product identity.
- Legal Protection: Ability to take legal action against infringer.
- Competitive Advantage: Builds brand recognition and consumer trust.
- Asset Value: A registered trademark can be licensed, franchised, or sold.
Excluded Marks – What Cannot Be Registered
The following cannot be registered as trademarks in Kenya:
- Marks likely to deceive or cause confusion.
- Marks identical to existing registered trademarks.
- Scent, taste, touch, or sound marks.
- Words like "patented," "copyright," or "registered design."
- National/state emblems, insignia, or flags without consent.
- Symbols such as the Olympic symbol or the Red Cross.