Before applying for the registration of a trade mark, an applicant should conduct a 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.
An application for search and preliminary advice by the registrar should be made by the prospecting proprietor or his agent on Form TM 27 . Search is not mandatory but is advisable for the following two reasons;
It will help one in determining whether the application has a chance for success, or whether it would be a waste of time and money to try and register it in it’s present form.
It will also help one avoid trade-mark infringement and potential lawsuits if one went straight ahead in applying for registration.
Applying for registration
A person claiming to be the proprietor of a trade mark, used or proposed to be used by him, and who is desirous of registering it should apply to the Registrar on form TM 2 accompanied by seven (7)representations of the mark.
Foreign applicants are required to file through an agent and thus the application should be accompanied by the form of authorization Form TM 1 or the power of attorney duly completed and signed and must have a duty stamp affixed on it .
The application should also be accompanied by form TM 32 (for entry of the address of service in Kenya). The applicant is required to file a separate application for each mark in each different class.
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