You register your mark so that no one else runs off with your brand while you are busy building it. Here is how the whole KIPI process plays out, step by step.
Step 1. The Search
Before branding, ideally you should take sometime and check whether someone else already owns it. This is called a preliminary search. It tells you whether your idea/art/phrase is actually original or just something your subconscious stole from a billboard. Most people skip this part, and that is why most people end up getting their application rejected.
Step 2. The Paperwork
This part involves forms. Specifically, Form TM 2 for the application, Form TM 1 if you are a foreigner using an agent, and Form TM 32 for your Kenyan service address. You also need to submit seven copies of your mark.. Every class you want to register in needs its own application. More classes, more paperwork.
Step 3. Examination by KIPI
Once your application is in, it goes through three types of checks. First, they make sure you filled everything properly and paid the right fees. If you forgot to write your own name or picked the wrong class, that is where it ends.
Then they search their register to see if anyone else has something similar. If they find a lookalike, they might reject your application or ask you to explain yourself.
Last comes the substantive examination. This is where they decide if your mark is actually distinctive or just a word everyone uses. They might ask you to disclaim parts of your mark that are too generic, or they might just tell you flat out that you cannot register “Tomato” as a brand name for tomato sauce.
Step 4. Advertisement and Opposition Stage
If your mark survives the examiners, it gets published in the KIPI Journal. This is where the public gets sixty days to file an objection. If someone raises an objection, it will pause the process. If no one objects, you move on.
Step 5. Get Your Certificate and Frame It or Something
If no one opposes your mark, or if you win the opposition filed, KIPI registers it and gives you a certificate. This certificate will carry the original application date. At that point, congratulations. You officially own your mark in Kenya. You can now tell copycats to back off, and you will have the paperwork to back it up.
Summary of Procedure
- Conduct a preliminary search to check if the mark is available and registrable.
- Complete and execute the required application forms (TM 2, TM 1, TM 32).
- File the application with Kenya Industrial Property Institute (KIPI), including seven copies of the mark and the appropriate class information.
- Undergo examination by KIPI.
- Formality check
- Search for conflicting or similar marks
- Substantive examination for distinctiveness
- Receive approval or rejection from KIPI.
- If approved, the mark is advertised in the KIPI Journal for 60 days.
- If opposed, enter opposition proceedings. If not opposed, proceed to registration.
- If successful, receive a Certificate of Registration backdated to the date of application.
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