Newsletter- Kenya

I am writing to consult you about the mandatory requirement for the recordation of IPR relating to imported goods in Kenya, which is relevant to the Anti-Counterfeit Authority Integrated Management System.

The recordation relates to the trademarks for goods to be imported into Kenya, irrespective of whether it is registered locally or through the WIPO.

If you do not have a registered trademark or a pending application in Kenya, but it is at the home of export, it must be recorded with the ACA.

It is unnecessary to file the above recordal at this moment for the trademark holder who does not use his registered marks in Kenya so far. The holder can file such a recordal at his option when he plans to sell or export his branded goods in Kenya.

If an IPR holder brings the goods to the Kenya market but fails to initiate the said mandatory recordal, it is an offense to import into Kenya, goods whose trademarks have not been recorded with the ACA.

The recordation must be done through a licensed IPRS agent with the ACA, and we can represent you in this field.

Upon applying for recordation, the ACA is supposed to confirm or deny the recordation within 60 days.

The following is the information/documents that is required for the subject recordation:

•          A CERTIFIED COPY OF THE CERTIFICATE OF REGISTRATION OF THE TRADEMARK, CERTIFIED BY THE REGISTERING AUTHORITY IS REQUIRED.

•          NAME OF THE OWNER OF THE IPR

•          TELEPHONE NUMBER, POSTAL AND PHYSICAL ADDRES OF OWNER

•          DETAILS OF THE IPRS OWNER OR PARTNER OF THE ASSOCIATION (IF ANY)

•          NAME OF AGENT OR LOCAL DISTRIBUTOR IF ANY

•          TELEPHONE NUMBER, POSTAL AND PHYSICAL ADDRESS OF AGENT OR LOCAL DISTRIBUTOR

•          SAMPLE OR PHOTOGRAPHS OF PROTECTED GOODS

•          NAME AND ADDRESS OF EACH FOREIGN PERSON OR BUSINESS ENTITY AUTHORIZED OR LICENCED TO USE THE IPR

•          THE IDENTITY OF ANY PARENT OR SUBSIDIARY  COMPANY OR OTHER FOREIGN COMPANY UNDER COMMON OWNERSHIP OR CONTROL WHICH USES THE IPR ABROAD

•          PLACE OF MANUFACTURE OF THE GOODS BEARING THE RECORDED TRADEMARK

We are licensed IPRS agents and are taking recordation on behalf of clients.

Kindly note that the deadline for recordation is 1ST JANUARY 2023.