Registration of industrial designs in Kenya – Any company that owns an industrial design and intends to expand its business in the Kenyan market should use the Kenyan intellectual property system. It is paramount for businesses to file an industrial design application in Kenya for industrial designs, even if the launch of the respective product in the Kenya market has not yet commenced.
Requirements for application for registration of industrial designs in Kenya
The official language when registering an industrial design at the Kenya Intellectual Property Office is English.
The following information and documents need to be provided in the application for registration of an industrial design in Kenya:
- requirements for registration of industrial designs in Kenya;
- name, address, and nationality of the applicant, business address;
- industrial design name
- proof of payment of the respective fees.
Priority can be claimed within 6 months from the priority date.
A certified copy of the Priority Document must be provided within three months of the application date. No notarization or consular legalization of this document is required. If the preferred document is not prepared in English, an English translation is required.
A simply signed power of attorney can be filed after the application is filed.
If the applicant is not the creator of the design, a statement proving the applicant’s right to register the industrial design must be filed with the IP office. This document may be additionally submitted after the application is submitted.
Examination of industrial design applications in Kenya
Applications are only examined for compliance with formal requirements.
Validity period and renewal of industrial designs in Kenya
Disclosure of the design shall not deprive the design of its novelty when such action occurs no earlier than 12 months before the filing date or, if applicable, the priority date of the application, and if it is by reason or consequential belong to:
- acts performed by the applicant or creator of the design; or
- due to abusive behavior by a third party concerning the applicant or creator of the design.
An industrial design registration certificate fee must be paid before the design is successfully registered. Industrial designs in Kenya are valid for 5 years from the date of application and can be renewed twice (5 years each). The renewal fee must be paid within 12 months before the current application expires. Late payment fees may be charged for up to six months after the above deadline.
Represented by an industrial design registration attorney
An international applicant for industrial design registration in Kenya should conduct an industrial design search in Kenya through a law firm, or an attorney with expertise in industrial design.