Regarding platform product brand logo requirements [Important]
2021-12-21 10:56:06
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
|
Before 1st May 2022: 5 Ksh/ Pcs
( Platform subsidy 15 Ksh)
|
Trademark Infringement |
High | Outbound or dispose |
Outbound or dispose service
|
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.