Regarding platform product brand logo requirements [Important]

2021-12-21 10:56:06

Regarding product logo requriement


According to Section 58B of the Trademarks Act Cap 501 in Kenya, product logo can be attached to: Product itself/ package/ inside package etc. Merchant should also make sure the trademark is easy to locate, clear to read and non-infringement involved.


Type
Risk

Recommendation

Service
Cost

Tradmark registered

at Kenya

No
Free to sell

/
/

Non-kenya

Registered mark

(ACA recorded)

No
Free to sell

Trademark

registration sergice

(Kenya)



Around 100k to 200k Ksh

( not incl. service fee),

takes 6-18 months,

refer to latest update.

Non-kenya

Registered mark

(Non-ACA recorded)

Low

It is suggested

seller should apply for

ACA recording

ACA recording

service

Pending confirm
No brand
Medium Need brand printing and tagging

Tagging Service
(Must choose)

Before 1st May 2022:

5 Ksh/ Pcs

( Platform subsidy 15 Ksh)
After 1st May 2022:
20 Ksh /piece

Trademark

Infringement

High Outbound or dispose

Outbound or dispose service
(Must choose)

Refer to current

operation fee


This rule will be implemented from the date of issuance (December 21, 2021)


Appendix:
Section 58B of the Trademarks Act Cap 501 states as follows:

-“58B.(1) A trademark is applied to goods if –

(a) it is applied to the goods themselves; or
(b) it is applied to a covering on, in or attached to which the goods are sold; or
(c) the goods are placed in or around, enclosed by or annexed to any covering to

which the trade mark or other mark has been applied; or
(d) it is used in any manner likely to lead to the belief that the goods in connection

with which it is used are designated by that trade mark or other mark.