A trademark gives you the exclusive right to use your brand across every service or product you provide. This includes your logo, brand colours, specific identifiers in your products, and tag-lines.

We can review your potential trademark before you invest time and money in registering them.

We will help you assess whether it makes sense to do so, looking at all your available options, the cost, and how it works.

To successfully register a trademark, you’ll first need to check that nobody else is already using it for the same or similar goods and services.

It’s also essential to avoid registering words that have become common/generic language in your particular industry.

Trademark applications in Kenya are registered by the Kenya Industrial Property Institute and can take six months, while African Regional Intellectual Property Organization (ARIPO) applications, which cover the 22 Member States, can take six months.

In countries such as the United States, you are able to search for Trademark IDs, Trademark Status, through the United States Trademark and Patent Office, prior to registration but in Kenya the search is still manual.

Passing-off means a situation when a competitor deliberately seeks to benefit by confusing a buyer into thinking that the goods or services on sale have some connection with your product or service, resulting in your business suffering loss and damage.

Even where your trademark is not registered in Kenya, it may be protected under the passing-off law.

Our Advocates provide legal advice on passing off claims, for those wishing to pursue a claim and those on the receiving end of a claim.