What is a Trademark?
A trademark is a sign that is legally registered and helps distinguish goods offered by one business entity from another. A trademark can be word, symbol design or a combination of the above. It is important to note that the owner of a trademark can be an individual, company, partnership or society as long as they meet the necessary requirements.
The body that deals with trademark registration in Kenya is The Kenya Industrial Property Institute (KIPI). KIPI is a parastatal under the Ministry of Industrialization, Trade and Enterprise Development.
Procedure of registering a trademark in Kenya
There are several steps involved when securing/registering a brand in Kenya. They include:
- Search,
- registration,
- advertising,
- approval and lastly
Advantages of Trademarking:
Registration of a Trademark gives a bundle of exclusive rights upon the registered owner; including the right to exclusive use of the mark in relation to the products or services for which it is registered.
Gives you the power to assign or transfer the trademark to others; A registered trademark is assignable in respect of either all the goods or all the services in respect of which it is registered. Transmission refers to transfer by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer while assignment refers to allocation of the mark to another person. Assignment or transmission may be done at a value to the owner of the mark. Only the legal owner of a mark can transfer or assign it to another party.
A registered trademark enables you recover in the event of infringement; The use of a registered mark without the owner’s authorization constitutes infringement. For a person to institute proceedings for infringement, the mark must be registered. The Act prohibits the institution of infringement proceedings over an unregistered trademark.
Protects your brand from counterfeits; Trademarks are used as distinguishing factor. The Trademarks Act allows registration of a mark in relation to goods. Where this is done, the mark must be capable, of distinguishing goods with which the proprietor of the trademark is connected. Registration therefore enables the owner identify his goods and prevent the use of the mark in selling counterfeit or substandard goods. This in turn protects the reputation of the business.
Enables you to brand yourself by providing exclusive use to your mark; Registration of a mark gives the owner the right to the exclusive use of the mark. Registration notifies other persons that you are the owner of the mark which becomes a unique brand associated with you which other persons are prevented from using.
SUMMARY
Our specialist intellectual property and technology lawyers’ work closely with clients to develop, protect, promote and enforce their intellectual property rights. We advise on all aspects of the exploitation and use of intellectual property rights and the acquisition and use of information technology products and services. We work for companies in a variety of industries and our specialist intellectual property expertise ensures that we are able to provide cost effective advice that is commercially sound and practical. Our lawyers are also experienced in both contentious and non-contentious enforcement of intellectual property rights relating to expungement, infringement and opposition proceedings in respect of patents, plant breeders rights, unregistered and registered designs, copyright and database rights, image rights, domain names, trade marks and the law of passing off. We handle and advise on registration of various IP rights through local, regional and international registries. We also advise on legal issues arising from parallel importation of goods.
We offer particular expertise in relation to acquisition of rights, transactions involving licensing and the transfer of technology, technology joint ventures, research and development and franchising agreements.
Our practice and expertise also extends to advising on intellectual property questions arising in connection with mergers and acquisitions and establishment of new businesses. We also advise on regulatory and liability questions on and arising from the introduction and use of transgenic materials in the local market
Authored by Henry Njuguna Adv, MCIArb
We at NKN will gladly help through this process. Reach out on 0722382783.