Kenyan Arbanton group Wadagliz recently announced that they successfully trademarked the catchphrase “Anguka Nayo” following the success of their hit song by the same name. The phrase, which has become a cultural sensation, is now protected under intellectual property law, ensuring that the group can capitalize on its widespread popularity in both local and international markets.
A trademark is a unique identifier of a product or service that distinguishes the brand from its competitors in the market. It could be a phrase, logo, symbol, or artistic work that grants the proprietor exclusive rights to use and profit from it while preventing others from infringing upon those rights.
Trademarks also grant the owner the right to receive compensation generated from their use and to sue for damages if the mark is infringed upon.
Trademarks serve as a guarantee to customers that the products or services they are purchasing are of consistent quality. The brand assures consumers that they can expect the same level of quality with each purchase.
In Kenya, trademarks are governed by the Trademarks Act and administered by the Kenya Industrial Property Institute (KIPI). While logos, phrases, and symbols can be trademarked, generic terms, confusingly similar marks, or those that are offensive or deceptive cannot.
Properties that can be trademarked include:
•Brand names, logos, and slogans
•Symbols, words, or phrases uniquely associated with the business
•Packaging, distinctive product shapes, and sounds (like jingles)
•Unique color schemes associated with a brand
Those that cannot be trademarked include:
•Generic terms (you can’t trademark “Restaurant” for your eatery)
•Commonly used phrases that lack distinctiveness
•National symbols or flags
•Scandalous or deceptive marks
•Names that are too similar to existing registered trademarks
The Process of Trademark Registration in Kenya
Getting a trademark is essential for your brand’s identity and reputation. The process is simple, as it follows a clear sequence of application, examination, and registration based on specific criteria.
Here is a step-by-step guide:
1. Conduct a Search
Before trademarking, research to confirm if your mark is eligible for registration. Check that no similar marks are already registered to avoid conflicts.
You can verify the availability of your desired mark by searching KIPI’s online database
2. File an application
If your trademark is unregistered, submit an application to KIPI, including your details, a sample of the phrase/logo/art, and a description of the goods and services it covers.
3. Examination and Publication
Once you submit your application, it may take several months to receive a response from KIPI. During this time, KIPI will assess the mark to ensure it is original and doesn’t conflict with existing trademarks. If it meets all requirements, it will be approved and registered in Kenya.
If approved, KIPI will publish it in the Kenya Industrial Property Journal for 60 days to allow for objections.
4. Final Registration
If there are no objections, or if you modify your trademark after objections, KIPI will register it, and you’ll receive a certificate valid for 10 years, renewable indefinitely.
Following these steps ensures successful egistration of your trademark in Kenya, ensuring that it cannot be used by anyone else and protecting your intellectual property rights.
After your trademark is registered, you need to be alert on any instances of infringement or misuse of the mark by other parties. If such activity is detected, take legal action against anyone responsible as quickly as possible in order to protect your rights.
Cost of Registration
The cost of trademark registration in Kenya varies based on factors such as the number of goods or services the trademark covers and whether the application is submitted directly to the Kenyan Trademark Office or through a consultant.
Registration and renewal fees range from Kshs 20,000 and Kshs 100,000. The application for a single class of products or services may for example cost roughly Kshs 20,000, but a more involved application for multiple classes could cost Kshs 50,000.
The ten-year renewal fee is however usually around Kshs 10,000.
