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Kenya - Trademark Act Amended

We reported in our November 1994 Newsletter (N.S. 184) that the Trademarks (Amendment) Act 1994 would introduce protection for service marks in Kenya. We have now been advised that the Act entered into force on March 1, 1995, and it is now therefore possible to apply to register service marks in accordance with the International Classification of Goods and Services.

In addition to the provision for the registration of service marks, the Act also includes the following changes:

1) The definition of infringement has been broadened to include the mere possession of infringing goods for the purpose of sale or for any purpose of trade or commerce.

2) Defendants found guilty of offenses, including, inter alia, forgery, false or unauthorized application, or making or disposition of equipment for the purposes of forgery, of a registered trademark or service mark, may be subject to fines and imprisonment of up to 5 years. However, such conduct may be defended by proving that the defendant had no intent to defraud or if his actions were taken as an employee of the offender and he had no reason to believe that an offense was being committed and he also cooperated with the authorities by providing requested information concerning the offense.


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