Tuesday, 25 November 2008

Recent trade mark decisions in Kenya

Ratio Magazine carries an article on recent trade mark decisions in Kenya. While reviewing a number of court cases concerning trade mark disputes, the writer argues that the growth seen in Kenya’s manufacturing sector, which incidentally is dominated by subsidiaries of multi-national corporations, is facing new challenges of new players who are riding on the reputation of established brands.

The article gives a good account of the cases as well as the significance of the decisions for new investors in the Kenyan market. The writer observes that the increase in cases contesting brand names in the Kenyan market demonstrates the importance of protecting trade marks in order to “maintain an edge in an increasingly competitive business environment”.

On account of the decisions arrived at in the various cases looked at, the articles advices potential investors to protect their trademarks as neglecting to do so may in the end lead to far larger losses. According to the writer, a cost effect route for obtaining trade Mark protection is the Madrid system of International Trade Mark application of which Kenya is a member.

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