Designs excluded from registration

Designs excluded from registration

Design to be applied to any of the following articles are excluded from registration in Kenya,

  • Works of sculpture, architecture, painting, engraving, enameling, embroidery, photography and any other design of purely artistic nature.
  • Designs which consist of solely in a change in the colour of designs already known.
  • Designs whose features correspond to or are determined by functions to be performed by the products

What happens to an application after it has been filed?

First the application is assigned a filing date and an application number. This date is important especially in establishing the priority of the design.
After a check to ensure that all the documents have been prepared and filed correctly, a search is done among the existing designs in order to establish that the design is new. The search cannot be exhaustive and the fact that a design is accepted for registration cannot be a guarantee that other interested parties might not challenge the registration.
If, as a result of the search, the design is considered not new then the applicant will be notified of the objection. The applicant is given two months within which he can apply for a hearing or make observations in writing on the objections of the Institute.

Upon examination the application is published in the Kenya Gazette or in the Industrial Property Journal. Within 60 days after the notice of the application is published a person may oppose the application by giving a notice of opposition in Form IP 23 in duplicate to the Managing Director. The notice of opposition must set out the grounds for opposing the application. A certificate of registration is issued to the applicant after the expiration of the opposition period.

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