Doing Business in Kenya - RSM International

A trademark is a sign which serves to distinguish the goods of an industrial or acommercial enterprise or a group of such enterprises. The sign may consist ofone or more distinctive works, letters, numbers, drawings or pictures, monograms,signatures, colours or combination of colours etc. The sign may consist also ofcombinations of any of the said elements.The Trade Marks Act helps the producer protect the trade mark. Registering atrademark is an important first step for everyone towards safeguarding a trademarkand combating imitations. Application for registration of a trademark can be donedirectly at KIPI.The procedure for registering a trademark is:• The applicant must complete the application form and submit it to KIPI with theprescribed fee of Shs 4,000.• KIPI checks the completeness and accuracy of the information entered anddocuments submitted and examines the trademark.• If the trademark is available for registration upon examination, it is approvedfor advertisement in the Industrial Property Journal to allow for any opposition,within a period of 60 days from the date of the Journal. A fee of Shs 3,000 ispayable for publication.• If nobody challenges the intention to register the advertised trademark,the trademark is registered and the applicant is issued with a Certificate ofRegistration. A registration fee of Shs 2,000 is payable.An entry in KIPI’s Trademarks Register is valid for ten years from the date of theapplication. 3 months before the validity lapses, the trademark holder is notifiedin writing to this effect so that an application for renewal can be made in good timefor another set of 10-year period. Trademark protection is indefinite as long as it isrenewed.CopyrightsRegistration of Copyright is based on the non-formality provision under the BernConvention of 1883 for protection of literary and artistic works. Copyright protectionis borne by simply expressing the original idea in a fixed form.The Copyright Act in Kenya protects literary, musical, artistic, audio-visual works,sound recordings and broadcasts, and computer programs. Criminal penaltiesassociated with piracy in Kenya include a fine of up to Shs 800,000, a jail termof up to 10 years, and confiscation of pirated material. Copyright protection is theresponsibility of the Kenya Copyright Board (KCB), which resides under the AttorneyGeneral’s Office.DOING BUSINESS IN KENYA75