HOW TO REGISTER A TRADEMARK IN KENYA

A Trademark helps protect against infringement and use of creative works by third parties to the registered creative work.

Ingredients of trademark: Requirements     

ü  The name of a company, individual or firm making the application.

ü  The signature or seal of the applicant for registration or some predecessor in his business.

ü  An invented word or invented words; A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname.

ü  Any other distinctive mark.

ü  Proposed Trade Mark name for name search approval.

ü  Proposed Art Work and Trade mark description.

ü  Names of the applicant /s in Full.

ü  Postal address for the Applicant.

ü  Proposed Physical address of the Applicants. Address includes road, plot number, town, county / Country.

ü  Copy of Registration certificates where applicants is a Business.

PROCEDURE FOR REGISTRATION OF A TRADEMARK IN KENYA.

NAME SEARCH.
Preliminary Search;  To find out whether the trademark is registrable or not and also whether there exists in the records a trademark which could be confused with the intended trade mark.

APPLICATION FORM TM2.
Application made to the Registrar on form TM 2 accompanied by seven (7) representations of the mark

Filling of form TM 32 (for entry of the address of service in Kenya)

PUBLICATION.
When the application is accepted, it shall be advertised in the Industrial Property Journal or Kenya gazette to allow any interested party an opportunity to raise objections to the pending application prior to registration.
The advertisement is for 60 days.

REGISTRATION.
Where there is no objection in the mandatory 60 days, the process of registration begins.

REGISTER YOUR TRADEMARK NOW. Mail us at  akoffide@lawyer.com

We shall contact you to verify the details and proceed with your registration.

SAMPLE ASSIGNMENT OF COPYRIGHTS IN A SONG

ASSIGNMENT OF COPYRIGHTS IN A SONG

AN AGREEMENT made the …………………..day of ……………..BETWEEN ……………………….[composer] of P.O.BOX ……………………. (hereinafter called “the composer”) of the one part and  ………………………………[publisher] of P.O. BOX ……………………………..(hereinafter called “the publisher”) of the other part.

WHEREBY IT IS AGREED as follows:

1.      In consideration of the sum of …………….. paid to the composer by the publisher (the receipt whereof the composer hereby acknowledges)  the composer hereby assigns unto the publisher the respective copyrights in the words and music of the song entitled ………………….. in [area agreed] for the remainder of the respective terms of copyright subsisting therein subject to the reservation hereinafter contained.

2.      The composer hereby warrants that the words and music of the said song are original works and that he is the owner of the respective copyrights therein and that he has not made any assignments of or granted any licence in respect of the copyrights hereby assigned to any person company or firm and that the words and music of the said song have not been published with his licence.

3.      The publisher undertakes to publish the words and music of the said song at the price of ……..per copy thereof and to issue …………. Copies thereof before …………….. and if he fails to do so the composer shall have the option of repurchasing the copyrights hereby assigned for the sum of ………………. And on payment thereof the publisher shall reassign to the composer the copyrights hereby assigned.

4.      The publisher shall not before the date mentioned in the preceding clause hereof assign his copyrights hereunder or grant any licences in respect thereof without the written consent of the composer.

5.      The composer expressly reserves to himself his personal representatives and assigns;

(a)    his copyrights in the words and music in the said song outside the [area agreed] and

(b)   the right in [the area agreed]:

(i)                 to make any translation of the words of the said song and to reproduce and publish such translation;

(ii)               to perform the words and music of the said song or any translation of such      words in public;

(iii)             to make any cinematograph film embodying the words and music of the said song or any translation of such words in any sound track associated with such film;

(iv)             to make any record of the words and music of the said song and of any translation of such words;

(v)               to broadcast and cause to be transmitted to subscribers to a diffusion service the words and music of the said song and any translation of such work.

6.      The publisher undertakes for himself his personal representations and assigns that he will not publish the words and music of the said song under any other title than …………………….. and will not in any way alter the said words and music and will not assign his copyrights or grant any licence in respect thereof without giving notice of this clause to the assignee or licensee.

IN WITNESS WHEREOF both parties have set their hands on the date hereinbefore given.

 

SIGNED SEALED AND DELIVERED   }

by the said Composer                                      }

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In the presence of: -                                         }

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SIGNED SEALED AND DELIVERED   }

by the said Publisher                                       }

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In the presence of: -                                         }

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DRAWN BY:

MAYAI & COMPANY ADVOCATES

MITUMBA HOUSE, NEW WING, 1^ST FLOOR,

MOI AVENUE,

P.O BOX 123 – 00100,

NAIROBI.