The rights to a trademark in Kenya are granted to the person or company that first uses it in the territory. Registration of a trademark serves to demonstrate clear ownership, prevent future conflicts regarding ownership of the trademark and is useful in legal defense against cases of trademark infringement. Our trademark registration process has the following stages:
- Comprehensive study (involves similarity search and professional advice)
- Application for registration
- Registration and Certificate
The process takes between four and seven months for a straight application. We charge variable fees for the service which is dependent on the number of classes that the mark belong in and whether the prospective owner requires a search or not. On request, a quotation can be sent to you. We offer discount for long term clients and bulk business.
Patent & Utility Model Application
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. On the other had, a utility model is is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required of a patent. For a patent to be granted, it needs to satisfy the following conditions:
- Inventive step
- Industrial application
- Not excluded from patent-ability by the IP laws of the country
The process for getting a patent has four steps.
- Step 1: File an application for patent
- Step 2: Examination of patent application
- Step 3: Respond to any objections or rejections made by the examiner
- Step 4: Patent grant
We offer an extensive variety of services oriented to the analysis and protection of the inventions of our clients. If you need guidance for your patent filing do not hesitate to contact us.
Copyright Application and Consultancy
Copyright protects artistic and literary works such as books, photographs, music, art and craft, databases, software codes etc. Rights protected by copyright include:
- Economic Rights such as rights to
- Reproduce in any material form including digital and transient forms
- Adapt or translate
- Distribute to the public by way of sale, rent, lease, hire, loan, importation.
- Broadcast whole or part of the work.
- Communicate the work to the public
- Perform the work in public
- Related rights which accrue from existing copyright protected works such as:
- Rights of producers of sound recordings.
- Broadcaster' rights.
- Performers' rights.
- Moral rights which entitle the author to claim authorship of the work and object to distortion or mutilation prejudicial to his/her honor or reputation.
We help you make copyrights applications and advice you on various aspects of your rights and including registration, commercialization, transfer, claims etc.
Intellectual Property rights by their nature are territorial because they are offered and governed by each country's own legislation. What that means is that by registering your trademarks, patents or copyright in Kenya does not guarantee you IP rights in another country. You may therefore need to register, for example, your trademark in various countries where you may want to trade in. Sounds complex already but in reality, international applications may be more complex due to the costs involved, complexity of laws and business environment and strategy of the rights owner.
We assist you in not only choosing the most appropriate approach to international registration but also carrying out due diligence on alternative approaches and making the actual applications.