Period of protection

Period of protection

A trade mark registration is valid for ten (10) years from the date of application. Six months prior to the expiry of the ten years, the registrar will notify the owner of the trade mark of the imminent expiry of the concerned trademark.

The owner may then apply for a renewal which covers the next 10 years and the renewal can continue every 10 years thereafter upon payment of a renewal fee. Renewal of Trade or Service mark is done on form TM 10 . If at the expiration of the time prescribed for renewing the mark, the conditions have not been duly complied with, the Registrar may remove the trade mark from the register.

Seeking registration abroad

When a trade mark is registered with the Kenyan Trade Marks Office, it accords protection in Kenya only. If one is selling goods or offering services in other countries, he/she should consider registering the trademark in each of those countries.

At present it is possible to get protection in several countries by making one application through the Madrid system of registration of which Kenya is a member. However this protection can only be offered among the member countries of the Madrid System. For the rest of non-member countries one would need to pursue a registration in each of the country of his/her interest.

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