Trademark Application Support Letter (Kenya)

A Trademark Application Support Letter in Kenya records the particulars needed to apply for the registration, permit or approval it concerns.

The Trade Marks Act Cap. 506, which predates the Industrial Property Act and remains the primary statute governing trademark registration in Kenya, defines a trademark as a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right to use the mark. Section 20 of the Trade Marks Act provides that an application for registration of a trademark shall be made to the Registrar of Trade Marks (a function now exercised by KIPI) in the prescribed form and shall specify the goods in respect of which registration is sought.

A Trademark Application Support Letter serves several distinct functions in the Kenya trademark application process. Where the applicant resides or is incorporated outside Kenya, KIPI requires the applicant to appoint a locally based agent or advocate to receive correspondence and represent the applicant before the Registrar. The Power of Attorney or Agent Authorisation — which is the formal component of the Support Letter — designates the agent and their authority. Additionally, KIPI may require a supporting declaration from the applicant attesting to the applicant's ownership of the mark, the date of first use of the mark in Kenya (relevant for establishing priority in a contestation), and the applicant's intention to use the mark in Kenya if it is an application based on intended use rather than existing use.

Kenya is a member of the African Regional Intellectual Property Organization (ARIPO), which administers the Banjul Protocol on marks, allowing trademark owners to seek registration across multiple ARIPO member states (including Kenya, Zimbabwe, Botswana, Namibia, and others) through a single ARIPO application filed at the ARIPO Secretariat in Harare. Where a Kenya application is being filed directly with KIPI rather than through ARIPO, the Trademark Application Support Letter to the KIPI-appointed local agent is the standard instrument for authorising the filing.

The Nice Classification system, administered by the World Intellectual Property Organization (WIPO) and adopted by KIPI under the Trade Marks Act, classifies goods and services into 45 classes (Classes 1–34 for goods, Classes 35–45 for services). A Support Letter and its accompanying application must correctly identify the relevant classes and the specific goods or services within those classes for which protection is sought, as trademark rights in Kenya are class-specific.

A Trademark Application Support Letter in Kenya is required in several specific circumstances during the trademark registration process administered by the Kenya Industrial Property Institute (KIPI) under the Trade Marks Act Cap. 506.

The Letter is needed when a foreign company or individual applicant — headquartered in the United Kingdom, Germany, the United States, China, or any other country — wishes to register a trademark in Kenya and is required by KIPI to appoint a locally based advocate or registered intellectual property agent to act on their behalf in all correspondence with KIPI. The Support Letter or Power of Attorney document designates the local agent and defines the scope of their authority.

A Trademark Application Support Letter is required when a Kenyan company that has engaged an IP firm or advocate to handle its trademark portfolio needs to formally authorise that firm to file new applications, respond to examination reports (KIPI office actions), file oppositions to conflicting marks, renew existing registrations, or record assignments of trademark rights in KIPI's register.

The Letter is needed when KIPI's examination of a trademark application raises a query — a likelihood of confusion with an existing mark, a descriptiveness objection, or a requirement for a declaration of distinctiveness — and the examining officer requires a supporting statement from the applicant (not merely from the agent) attesting to facts about the mark's use, distinctiveness, or the applicant's identity and title to the mark.

A Trademark Application Support Letter is required when an applicant claims convention priority under the Paris Convention for the Protection of Industrial Property (to which Kenya acceded in 1965) — filing in Kenya within 6 months of an earlier foreign application and claiming the earlier filing date as the priority date in Kenya. The KIPI application must be accompanied by a certified copy of the earlier application and a supporting declaration by the applicant confirming the priority claim.

The Letter is also needed when a parent company is authorising a subsidiary or related company to file and hold a trademark application in Kenya on the parent's behalf, or when an entrepreneur is appointing an IP consultant to manage their brand registration programme across multiple ARIPO states and requires a single authorisation instrument acceptable to KIPI.

Under the Companies Act No. 17 of 2015, the Registrar of Companies at the Office of the Attorney General maintains the register of Kenyan companies. Section 3 of the Law of Contract Act (Cap. 23) governs contractual obligations. The Competition Authority of Kenya (CAK) enforces the Competition Act No. 12 of 2010. The Kenya Revenue Authority (KRA) administers corporate tax under the Income Tax Act (Cap. 470). The High Court of Kenya has unlimited original jurisdiction under Article 165 of the Constitution of Kenya 2010.

A Kenya Trademark Application Support Letter under the Trade Marks Act Cap. 506 must include the following essential elements to satisfy KIPI's requirements and properly authorise the filing agent.

Applicant Identification: Full legal name of the trademark applicant — individual name or company name; residential or registered office address; nationality (for individuals) or country of incorporation (for companies); BRS Registration Number and KRA PIN if the applicant is a Kenya-registered entity; and passport number or National Identity Card number for individual applicants. KIPI requires that the applicant's name in the Support Letter exactly matches the name on the trademark application form.

Mark Description: A clear description of the trademark for which application is being made — whether it is a word mark, device mark, combined mark, colour mark, or shape mark. Where the mark includes a device or logo, the Support Letter should reference the attached representation of the mark. A description of the distinctive or dominant features of the mark is useful where KIPI is likely to raise a distinctiveness objection under Section 14 of the Trade Marks Act Cap. 506.

Class Specification and Goods or Services: The applicable Nice Classification class or classes (1–45) and the specific description of goods or services for which protection is sought. The description must conform to the Nice Classification 12th Edition as applied by KIPI, and should be neither too broad (risking rejection) nor too narrow (limiting the scope of protection). A Support Letter that accurately identifies the class specification assists the agent in filing a complete and correct application.

Appointment of Agent: The full name, KIPI registration number, firm name, and address of the appointed local agent or advocate; the scope of authority granted — filing, correspondence, responding to office actions, attending hearings, paying fees; and a statement that the agent has authority to accept service of process relating to the application on behalf of the applicant. KIPI requires agents to be registered intellectual property practitioners.

Declaration of Ownership and Use: A declaration by the applicant that they are the proprietor of the trademark; that the mark is not being used by, nor is the applicant claiming the mark through, any other person; and (where applicable) the date and place of first use of the mark in Kenya or internationally, which is relevant for proving acquired distinctiveness and for priority disputes under Section 23 of the Trade Marks Act Cap. 506.

Priority Claim (if applicable): Where the applicant is claiming convention priority under the Paris Convention, the Letter should state the country of first filing, the date of first filing, and the application number of the earlier application; and attach a certified copy of the earlier application certificate as required by KIPI's practice.

Signature and Notarisation: The Letter must be signed by the applicant (individual) or by a duly authorised officer of the corporate applicant. Where the applicant is a foreign company, KIPI may require the signature to be notarised by a notary public in the applicant's home country and authenticated by apostille under the Hague Apostille Convention (Kenya acceded in 2021) or by the relevant consulate. Forms-legal.com provides this Kenya Trademark Application Support Letter as a practical starting point for businesses and entrepreneurs protecting their brand through KIPI registration under the Trade Marks Act Cap. 506.

Additional compliance elements for a Trademark Application Support Letter (Kenya) used in Kenya include: Under the Companies Act No. 17 of 2015, the Registrar of Companies at the Office of the Attorney General maintains the register of Kenyan companies. Section 3 of the Law of Contract Act (Cap. 23) governs contractual obligations. The Competition Authority of Kenya (CAK) enforces the Competition Act No. 12 of 2010. The Kenya Revenue Authority (KRA) administers corporate tax under the Income Tax Act (Cap. 470). The High Court of Kenya has unlimited original jurisdiction under Article 165 of the Constitution of Kenya 2010. Forms-legal.com provides this template as a starting point for Kenya-compliant documentation.