Changes in Kenya’s unwanted trademark registrations

On June 15, Kenya Industrial Property Institute publishes a Special Industrial Property Journal regarding new trademark rules. Under Section 23 of the Trademarks Act, all trademarks registration expires after ten (10) years, however, a proprietor of a registered trademark can always apply for its renewal.

In sum:

The proprietors will receive a notice if no application for the renewal of a registered trademark is received upon the expiry of the ten years. Consequently, if no application for renewal of the registered trademark is received within sixty (60) days from the date of that notice, it will be published in the Industrial Property Journal, as the Trademark Rules require.
 

• If the proprietor of a registered trademark renews a mark that has been published in Industrial Property Journal and pays all the fees associated with the renewal and late renewal within thirty (30) days from the date of the publication, the trademark shall be renewed and shall not be removed from the Register of Trademarks. If no application for renewal of a trademark published is received within thirty (30) days from the date of the publication, the trademark will be removed from the Register of Trademarks;
   
• Once the trademark is removed from the Register of Trademarks, the proprietor may request for a renewal of the mark upon payment of the prescribed renewal fee together with the additional prescribed restoration fee.

Kenya's trademark registration system intents to control all unwanted trademark registrations, however, even if the proprietors do not renew in due time, there is a possibility - through additional fees - that it will be recovered.