In Kenya, from January 2023, imported products must have their trademark recorded before the Anti-Counterfeit Authority (ACA). Imported goods bearing trademarks that have not been recorded before this authority will be seized at the entry point and the importers prosecuted.
Therefore, all trademark holders of goods traded in the country are encouraged to record their trademarks to avoid any disruption to their businesses.
The requirements for recordation are:
- Trademark owner telephone number that will be shared with the Anti-Counterfeit Authority of Kenya (ACA) – Information about the trademark owner’s name and address will be extracted from the registration certificate of the mark;
- Name and address of each foreign person or business entity authorized or licensed to use the trademark rights;
- The identity of any parent or subsidiary company or other foreign company under common ownership or control that holds the trademark rights abroad;
- Original signed limited Power of Attorney form (the template will be provided to you after we receive your instructions);
- Samples or photographs of the protected goods;
- Details of the place of manufacture of the goods;
- A copy of the certificate of incorporation of the applicant;
- The Applicant's Tax registration number; and
- Details of the manufacturer of the goods including full name, postal and physical addresses, email addresses and telephone number.
It is important to consider that the recordation before ACA is subject to annual renewal. In addition, all recordal applications submitted to the ACA before the deadline shall be valid as from 1 January 2023 and be due for renewal on 1 January 2024.
For more information, visit the ACA´s article “Commencement of Recordation of Intellectual Property Rights in Kenya”.
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