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Country trademark guide · Updated

Trademark registration in Kenya

To register a trademark in Kenya, file with the Kenya Industrial Property Institute (KIPI) through a local agent, or designate Kenya through the Madrid System. Kenya is an ARIPO member but has not joined the Banjul Protocol, so a trademark application filed through ARIPO cannot designate Kenya.

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Trademark registration in Kenya

Five questions first

Which route?File directly with KIPI through a local agent if you only need Kenya; designate Kenya through Madrid if you have a home application or registration and want several countries. ARIPO applications do not cover Kenya.Details ↓What do I need?The applicant's name and address, the mark (non-Latin script such as Chinese with a transliteration and translation), goods or services by Nice class and a power of attorney appointing a Kenyan agent (Form TM1).Details ↓How are official fees charged?Foreign applicants pay in US dollars: USD 200 to file including 1 class, USD 150 per additional class, plus publication and registration fees after acceptance. Service fees are quoted after you submit the order.Details ↓How long does it take?With no refusal or opposition, about 7 months (estimate, adding KIPI's service-charter times and the 60-day opposition period); longer if there are examination objections.Details ↓What are the main risks?KIPI searches earlier marks itself and can refuse similar ones; Chinese wording needs a transliteration and translation, and descriptive elements often a disclaimer; imports also involve recordation with the Anti-Counterfeit Authority.Details ↓
Key facts

Trademarks in Kenya: key facts

OfficeKenya Industrial Property Institute (KIPI), a state corporation under the Ministry of Investments, Trade and Industry. Website and search links: IP Toolbox.
LawTrade Marks Act (Cap. 506); procedure and fees in the Trade Marks Rules
Madrid SystemMember since 26 June 1998; Kenya can be designated through Madrid
ARIPOKenya is an ARIPO member but not a Banjul Protocol state (as published by ARIPO, at 1 January 2026), so an ARIPO trademark application cannot designate Kenya
Multi-class applicationsAllowed; official fees are charged for the first class plus each additional class, and each class is legally treated as a separate application
Local agent and address for serviceForeign applicants must file through a Kenyan agent and give an address for service in Kenya
Fee currencyForeign applicants pay in US dollars, applicants in Kenya in shillings; all KIPI fees are paid through the government's eCitizen platform
ExaminationAbsolute grounds such as distinctiveness, plus an ex officio search of earlier registrations and applications
Response to an examination report (statutory)Reply or request a hearing within 90 days of the notice, otherwise the application is treated as withdrawn; an extension can be requested
Opposition period (statutory)60 days from publication in the Industrial Property Journal
Term and renewal10 years, with the registration dating back to the filing date; renewable for 10 years at a time, from 90 days before expiry
Non-use (statutory)Liable to revocation on application if not genuinely used for a continuous period of more than 5 years after registration
Filing fee (foreign applicants)USD 200 including 1 class, USD 150 for each additional class; publication and registration fees are charged separately

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

There are two routes to a Kenyan registration: a direct application to KIPI or a Madrid designation of Kenya. They differ in prerequisites, fee structure, when a local agent becomes involved and dependency risk.

A trademark application filed through ARIPO (Banjul Protocol) cannot currently designate Kenya: Kenya's Trade Marks Act contains provisions on ARIPO designations of Kenya, but Kenya has not joined the Protocol. For Banjul states such as Uganda and Tanzania, see ARIPO trademark registration.

ItemDirect filing with KIPIMadrid designation of Kenya
PrerequisiteNoneA basic application or registration at your office of origin
Official feesUSD 200 to file including 1 class, USD 150 for each additional class, then publication and registration fees after acceptance, all paid to KIPIBasic fee paid to the World Intellectual Property Organization (WIPO), plus: if your office of origin is party to both the Madrid Agreement and the Protocol (e.g. China), only the CHF 100 complementary fee for Kenya (and a supplementary fee for more than 3 classes), as Article 9sexies of the Protocol excludes the individual fee; from other offices of origin, the Kenya individual fee (per class, in Swiss francs). See the WIPO fee calculator
Local agentA Kenyan agent must be appointed from filing, with an address for service in KenyaNot needed to file; if KIPI issues a provisional refusal or an opposition has to be answered, appoint a Kenyan agent following the agent's instructions
Examination and refusal deadlineEx officio examination on absolute grounds and earlier marks; 90 days to reply to an examination reportIf your office of origin is party to both the Madrid Agreement and the Protocol (e.g. China), Kenya must notify any provisional refusal within 12 months; from other offices of origin, within the 18 months Kenya has declared (and a refusal based on an opposition may come after that); Kenya has declared that it does not yet apply the minimum time limit for replying to a provisional refusal
Dependency riskNoneIf the basic application or registration is refused or cancelled within 5 years, the Kenya designation falls with it
Best forYou only need Kenya; you have no home filing; you want a local agent to handle the whole processYou have a home filing and want protection in several countries

Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application to KIPI, prepare the following information and documents. Signed documents such as a power of attorney are provided following the agent's instructions.

Applicant

  • Name (for a company, its full legal name as registered, in English)
  • Business address, and any trading style used

Agent and address for service

  • Power of attorney appointing a Kenyan agent (Form TM1), signed by the applicant
  • An address for service in Kenya; if you appoint an agent, the agent provides it

The mark

  • A clear representation of the mark meeting KIPI's requirements; state any colours claimed
  • Non-Latin characters, such as Chinese: a transliteration and translation, stating the language
  • Foreign words other than English: KIPI can ask for an accurate translation
  • Three-dimensional marks and series marks must be indicated on filing

Goods and services

  • Specific goods or services by Nice class (KIPI currently uses the 13th edition)
  • One application can cover several classes, with fees charged per class

Basis of the application

  • The mark is used or proposed to be used; no evidence of use is required on filing
  • Earlier application filed abroad: priority can be claimed within 6 months

Where the mark contains generic or descriptive words, KIPI often requires a disclaimer (for example, "registration confers no exclusive right to the word LUBRICANTS"); you can consider adding one at filing.

How long

Process and timeline

Example: a direct application through a local agent, with no opposition.

  1. Step 1

    Clearance search (recommended)

    Search for similar marks and settle the classes and wording of the goods; this matters all the more because KIPI examines earlier marks ex officio

  2. Step 2

    Filing

    The agent files Form TM2 and pays the filing fee through the eCitizen platform

  3. Step 3

    Examination

    KIPI service charter: examination result within 30 working days of receiving the application; if there are objections, reply within 90 days (statutory)

  4. Step 4

    Publication

    After acceptance, pay the publication fee; the mark is published in KIPI's monthly Industrial Property Journal, within 60 working days under the service charter

  5. Step 5

    Opposition period

    60 days from publication (statutory); if opposed, the applicant must file a counter-statement within 42 days of receiving the notice of opposition (statutory)

  6. Step 6

    Registration

    After the opposition period, pay the registration fee; under the service charter, KIPI issues the certificate within 21 working days. About 7 months in total (estimate, adding up the service-charter times)

If registration is not completed within 12 months of filing through the applicant's default (for example, the registration fee is not paid), KIPI sends a notice; if it is still not completed within 14 days, the application is treated as abandoned. KIPI's published statistics cover only the numbers of applications and registrations, not examination times; the estimate above is based on the service charter, and individual cases can take longer.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Applicants who neither reside nor have a principal place of business in Kenya pay the "foreign" fees in US dollars. Each fee is charged for the first class plus each additional class and is paid in three stages: filing, publication and registration. The table below shows the current fees published by KIPI.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (foreign applicant, first class included)Per application200 USDUSD 200
Application fee: each additional classEach additional class150 USDUSD 150
Appointment of agent (Form TM1; foreign applicants must file through a local agent)Per application50 USDUSD 50
Paid on registration
Advertisement fee (payable after acceptance, before publication; first class included)Per application60 USDUSD 60
Advertisement fee: each additional classEach additional class50 USDUSD 50
Registration fee (payable after the 60-day opposition period; first class included)Per application150 USDUSD 150
Registration fee: each additional classEach additional class100 USDUSD 100
Payable when applicable
Counter-statement (Form TM7, if opposed; first class included)Per application200 USDUSD 200
Counter-statement: each additional classEach additional class150 USDUSD 150
Keeping the registration
Renewal fee (within 90 days before expiry, Form TM10; first class included)Per application200 USDUSD 200
Renewal fee: each additional classEach additional class150 USDUSD 150
Late renewal surcharge (within one month after the non-renewal notice; renewal fee also payable)Per application150 USDUSD 150
Restoration fee (after removal from the register; renewal fee also payable)Per application250 USDUSD 250
Other
Recordal of assignment or transmission (Form TM14, per mark; first class included)Per application150 USDUSD 150
Recordal of assignment or transmission: each additional classEach additional class100 USDUSD 100

Source: Kenya Industrial Property Institute (KIPI), Trade Mark Fees – Trade Marks Rules, First Schedule (local and foreign) · current fees in force since 2003-08-29 · checked on 2026-10-07

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

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Example: for 2 classes, you pay 200 + 150 = USD 350 on filing; after acceptance, a publication fee of 60 + 50 = USD 110; after the opposition period, a registration fee of 150 + 100 = USD 250, for USD 710 in official fees. Form TM1 appointing an agent carries a further USD 50 official fee.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Kenya and common refusals

These are common issues in Kenyan examination, along with Kenya-specific rules that are easy to overlook.

ARIPO applications cannot cover Kenya

Kenya is an ARIPO member, but ARIPO's member information for Kenya lists only the Harare Protocol on patents and industrial designs. The Banjul Protocol on marks had 13 contracting states at 1 January 2026, and Kenya is not one of them. For protection in Kenya, file directly or designate Kenya through Madrid; see ARIPO trademark registration.

Similar earlier marks are refused ex officio

After filing, KIPI searches earlier registrations and applications. If a similar mark exists for the same or similar goods, the examiner raises an objection directly, without waiting for the earlier owner to oppose. You can argue your case, narrow the goods or obtain the earlier owner's written consent (the publication then states "By Consent").

Chinese needs transliteration and translation; descriptive elements need a disclaimer

Marks containing Chinese or other non-Latin characters must be filed with a transliteration and translation, stating the language; for foreign words other than English, KIPI can also ask for a translation. For generic or descriptive words, KIPI often requires a disclaimer: you can still use them, but cannot claim exclusive rights in them on their own.

Each class is a separate application; pay the registration fee on time

One application can cover several classes, but each class is legally treated as a separate application and registration. Publication and registration fees are paid in stages; if registration is not completed within 12 months of filing through the applicant's default, and still not within 14 days of KIPI's notice, the application is treated as abandoned.

Imports also need recordation with the Anti-Counterfeit Authority

Kenya's Anti-Counterfeit Authority (ACA) runs an IP recordation system: importers must declare the IP rights in the goods they import and pay a permit processing fee of USD 20 per consignment; owners of trademarks recorded with the ACA and their authorised agents, licensees and assignees are exempt when importing. Recordation is renewed annually and is being rolled out in phases by HS code.

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After registration

Keeping the registration

A Kenyan registration needs no periodic declarations of use, but long non-use can lead to revocation, and a registration not renewed in time is removed from the register.

WhenWhat to doOfficial fee
Throughout the registrationKeep using the mark genuinely in Kenya and keep evidence; after more than 5 consecutive years of non-use, others can apply for revocationNone
Within 90 days before expiry, then every 10 yearsRenew (Form TM10)USD 200 including 1 class, USD 150 for each additional class
Not renewed by expiry: within 1 month after KIPI publishes the noticeLate renewal with a surcharge, so the registration is not removedRenewal fee plus USD 150
After removalApply for restoration and renewal; the Registrar decides whether to allow itUSD 250, plus the renewal fee
Any timeRecord assignments (TM14), changes of name (TM20), changes of address (TM17) and changes of address for service (TM32)Assignment USD 150 (first class), USD 100 for each additional class; change of name USD 150; change of address USD 100 (first class); change of address for service free

After registration, you can record your IP rights in the Anti-Counterfeit Authority (ACA) system, which border officers use to check imported goods; recordation is renewed annually. E-commerce brand registries usually also require a registered or pending trademark.

FAQ

Trademark registration in Kenya

How much does a Kenya trademark cost?

Foreign applicants pay the foreign fees in US dollars: USD 200 to file, including 1 class, plus USD 150 for each additional class; after acceptance, a publication fee of USD 60 (USD 50 per additional class); and after the opposition period, a registration fee of USD 150 (USD 100 per additional class). For 1 class, official fees total USD 410. Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does trademark registration in Kenya take?

KIPI's published statistics cover only the numbers of applications and registrations, not examination times. Under KIPI's service charter, the examination result is issued within 30 working days, publication follows within 60 working days, and after the 60-day opposition period and payment of the registration fee the certificate is issued within 21 working days: about 7 months in total (estimate). Objections or oppositions make it considerably longer.

Can an ARIPO application protect my trademark in Kenya?

No. Kenya is an ARIPO member but has not joined the Banjul Protocol on marks, and an ARIPO trademark application can only designate Protocol states. To protect a mark in Kenya, file directly with KIPI or designate Kenya through Madrid; for ARIPO's coverage, see ARIPO trademark registration.

Do foreign applicants need a local agent in Kenya?

Yes. KIPI requires foreign applicants to file through a Kenyan agent, and the Trade Marks Act requires applicants who neither reside nor carry on business in Kenya to give an address for service in Kenya. Trademark agents in Kenya must be Kenyan citizens and either advocates of the High Court of Kenya or agents recognised by KIPI.

Can one application cover several classes?

Yes. Official fees are charged for the first class plus each additional class, for the filing, publication and registration fees alike; under the Trade Marks Rules, however, each class is legally treated as a separate application and registration.

I export goods to Kenya. What should I do after registration?

You can record your trademark with Kenya's Anti-Counterfeit Authority (ACA). Kenya requires importers to declare the IP rights in their goods and pay a permit processing fee of USD 20 per consignment; for recorded trademarks, the owner and its authorised agents, licensees and assignees are exempt when importing. Border enforcement also uses the recordation data to check for counterfeits. Recordation is renewed annually.

Other IP rights

Patents: Kenyan patents are examined by KIPI under the Industrial Property Act and last 20 years from the filing date. PCT applications can enter the Kenyan national phase (since 8 June 1994), and an ARIPO application under the Harare Protocol can designate Kenya. Utility models are protected for 10 years and cannot be renewed.

Designs: registered industrial designs are protected for 5 years, renewable twice, up to 15 years. Kenya is not a member of the Hague Agreement, so file a national application with KIPI or an ARIPO application designating Kenya.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

African Regional Intellectual Property Organization · South Africa · Ghana · Nigeria · Algeria · Morocco

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