What is a Trademark
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
How Can I Protect My Trademark?
Trademark protection in Kenya can be obtained through registration. You need to file an application for registration with the Kenya Industrial Property Institute and pay the required fees. At the international level, you have two options. You can file a trademark application with the trademark office of each country where you seek protection. Alternatively, you can use WIPO’s Madrid System.
What Rights Does Trademark Registration Provide?
In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. The trademark can be exclusively used by its owner. Alternatively, it can be licensed to another party for use in return for payment. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation.
How Long Does Trademark Protection Last?
The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees. Trademark rights are private rights and protection is enforced through court orders.
What Kinds of Trademarks Can Be Registered?
A word or a combination of words, letters, and numerals can perfectly constitute a trademark. But trademarks may also consist of drawings, symbols, or three-dimensional features. These features include the shape and packaging of goods. They may also be non-visible signs such as sounds or fragrances. Additionally, color shades used as distinguishing features can form trademarks. The possibilities are almost limitless.