East Africa
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Classification |
Nice classification (10th edition) |
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WIPO-Administered Treaties |
Paris Convention, Madrid Protocol, Berne Convention, Locarno Agreement, Madrid Agreement, PCT Patent Cooperation Treaty |
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Multiclass applications |
Applicable |
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Priority claiming |
Applicable |
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Opposition period |
2 months |
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Protection period |
10 years from the date of filing |
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Trademark Registration Time Frame |
10-16 months |
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Trademark Grace period |
One month with penalty |
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Renewal term |
10 years |
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Use |
- Use is not required before registration, but it is necessary for the maintenance of the registration. - Vulnerable to cancellation if the trademark has not been used for consecutive 5 years from the registration date. |
Required Documents for filing a trademark application:
- Simply signed Power of Attorney. Can be filed at a later stage prior to publication of the mark in the Kenya Industrial Property Journal.
- A certified priority document if priority is to be claimed and English translation.
- The name, nationality, address, and occupation of the applicant.
- List/s of goods and/or services to be covered.
- Representation of the trademark, in (PDF, JPG) format. if the mark is in foreign characters (e.g., Arabic, Chinese), an English translation and/or transliteration thereof
Trademark registration procedure:
It is not mandatory to conduct a trademark availability search at the Trademarks Registry prior to filing an application for the registration of the trademark. However, taking this step is advisable as this would disclose whether or not the proposed trademark is available for registration in the relevant class(es). After the application is filed and granted a filing number and a filing date, a formality examination is conducted to confirm compliance with formal requirements. If the same meets the formal requirements, a substantive examination is conducted within approximately 2 months from the filing date to assess distinctiveness of the mark as well as whether the mark meets essential requirements. If approved, the mark is published in the industrial property journal for a statutory period of sixty (60) days during which third parties may file opposition proceedings against the application. If no opposition proceedings are filed, a certificate of registration is issued upon expiry of the publication period. Trademark registrations are valid for a period of ten (10) years from the filing date, subject to renewal for further consecutive periods of then (10) years each.Renewal of registration shall be done not more than 90 days before the expiration of the last registration of a trademark renewal.
|
Classification |
NICE classification (11th edition) |
|
WIPO-Administered Treaties |
Paris Convention, Berne Convention, PCT Patent Cooperation Treaty |
|
Multiclass applications |
Applicable |
|
Priority claiming |
Applicable |
|
Opposition period |
No provision for filing opposition to the registration of a trademark. Any opposition should be filed by the local competent courts which can rule on the cancellation of a registration or on ownership of a trademark |
|
Protection period |
10 years of the filing date |
|
Trademark Registration Time Frame |
2-3 months |
|
Trademark Grace Period |
6 months with penalty |
|
Renewal term |
10 years |
|
Use |
Vulnerable to cancellation if the trademark has not been used for consecutive 5 years. The owner of a lapsed trademark due to non-renewal has the exclusive right to re-file the same trademark within one year from the expiry date. Any other interested party may file the same trademark after the expiry of another year. |
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Notes |
Joint application is possible (trademark registered in the name of more than one applicant). |
Required Documents for filing a trademark application:
- Simply signed copy of the POA.
- Full name, address, and nationality of the applicant.
- List of goods and/services to be covered.
- Representation of the trademark
- If a priority is claimed: A certified copy of the priority document.
Trademark registration procedure:
Once a trademark application is filed, it is examined for 1-2 months as to its registrability, feasibility and existence of prior rights. Trademark applications accepted by the Registrar are published in the Official Gazette. There is no opposition procedure in Djibouti at the Trademark Registry. Any opposition will have to be filed at the local competent courts which can rule on the cancellation of a registration or on ownership of a trademark. The owner of a lapsed trademark due to non-renewal has the exclusive right to re-file the same trademark within one year from the expiry date. Any other interested party may file the same trademark after the expiry of another year. Once the trademark is registered, the trademark registration is valid for 10 years as of the date of registration, renewable for similar periods of 10 years.
