A business owner’s confident and engaging statement: “I believe in my brand name.”. Am I right?
On the flip side how many people have used the same name as their brand name? The reason why having your brand name trademarked is important.
The process of registering a trademark in Kenya is governed by The Kenya Industrial Property Institute (KIPI).
The trademark process is within the laws of Kenya under the Trade Mark Act (Cap 506). Making it a legal process that if breached is punishable under the governing laws.
Before we can begin with the registration process. Here are the documentation forms used to help the process.
· Form TM 27 – This is for the initial application for the name/symbol search. Important to search even though it is not necessary.
· Form TM 2- Used for the Trademark application process.
Attached with the applicant’s signature or symbol.
· Form 32 – Application to enter or alter the address of service
· Form 1 – Used by foreigners to appoint Agents
The Initial Search
You need to make sure that your brand name is not already registered by another entity. The reason you need to begin the process of registration is with a name or symbol search.
The process makes sure that your name or symbol is not confused with that of another applicant. Form TM 27 is used to help this phase of the process.
Search results are here! There is no previous registration of our name by another entity. Now we can begin the process to have our name or symbol trademarked.
At this point, submit form TM 2, and attached to it will be seven representations of the name/symbol.
Another form in use at this stage is TM 32 which details the address of service. In instances where the applicant is a foreigner, TM 1 will have to go with the rest of the documentation.
TM 1 gives power of attorney to the third party to help the process as required. Then becoming the agents of the applicant.
Upon submission of the above-mentioned forms. The registrar goes ahead to confirm the correct submission. This is a critical step to ensure the accuracy of documents presented to the registrar.
Upon approval of your documents. You are required to pay both the registration and advertisement fee. Payment confirmation begins the next phase of the process.
Remember your looking to have your name or symbol protected from competitors.
In the Kenya Industrial Property Institute (KIPI) journal, the name is published for sixty days to allow for objection.
This gives your competitors a chance to see and compare their name and symbol to yours. If no objections arise after the lapse of 60 days you are ready to proceed to the final phase of registration.
If objection arises TM 6 is used to lounge opposition and the proceedings.
This is the final step. Your application is registered and the certificate of trademark issued by the registrar.
There you are! You can protect and believe in the power of your brand name or symbol.