Any aggrieved party with valid grounds may oppose the registration of a trade mark so advertised in the Kenya Gazette. An opposition must be made within 60 days of the publication date, by filing a statement of opposition.
The process of opposition is sometimes rather involving and complex, much like the normal court proceedings, during which both parties may file evidence and counter-arguments, cross examine the evidence of the other parties and make representations at an oral hearing. At the end of the process the Registrar makes a ruling that is binding. Any dissatisfied party can file an appeal through the High court.
Section 21 of the Trademarks Act cap 506 Laws of Kenya
When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted to be advertised in the prescribed manner, and the advertisement shall set forth all conditions and limitations subject to which the application has been accepted:
Provided that the Registrar may cause an application to be advertised before acceptance if it is made under paragraph (e) of subsection (1) of section 12, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so
Where an application has been so advertised the Registrar may advertise it again when it has been accepted but shall not be bound so to do.
Rules 46-58 of the Trademarks Rules
The Kenya Industrial Property Institute (the Institute) was established in 2001 as a body corporate and mandated to administer and promote industrial property rights in Kenya. The Institute implements two Acts of Parliament; The Industrial Property Act 2001 and the Trade Marks Act, Cap 506 of the laws of Kenya.
The Institute has established a Public Complaints Desk (the Desk) that handles all public complaints with regard to the mandate of the Institute.
The establishment of the Desk is also part of the Institute’s obligations under the Performance Contract with the Government of the Republic of Kenya. The Desk is located in a designated office which is equipped with a “level 9” telephone facility and an email address, email@example.com.
At the Institute, a complaint is defined as:
“Any expression of dissatisfaction by a customer or potential customer about service delivery by the members of staff of the Institute or about any policy of the Institute.”
The Institute is committed to consistent, fair and confidential complaint handling and to resolving complaints as quickly as possible. The Institute aims at making it easy for the members of public to make a complaint if they are dissatisfied and the Institute shall treat all customers making a complaint equally.
The following is the procedure for handling complaints at the Institute:
The Institute will act on anonymous complaints as per Procedure (C) above after assessing the following:-
Where the Institute has no way of contacting the person making the anonymous complaint, all of the necessary information for a decision to take further must be clearly available.
Anyone making an anonymous complaint should be aware that the Institute:-