tag:blogger.com,1999:blog-2617183138118819994.post3945754898684115621..comments2024-03-05T17:50:31.778+02:00Comments on Afro-IP: "Proudly Kenyan" protectable? - High Court speaks outUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2617183138118819994.post-30755606836972236572011-04-04T13:50:07.725+02:002011-04-04T13:50:07.725+02:00"PROUDLY KENYAN"
This is definitely des..."PROUDLY KENYAN"<br /><br />This is definitely descriptive and arguably generic. Therefore, not registrable. There may be a second bite to it if one can prove secondary meaning with descriptive terms.<br /><br />The Court was right - this is a slogan that can be used by every person(s) in Kenya even for state branding, and this should not be monopolised by one person (that's the principle behind TMs). <br /><br />How the Kenyan IPO allowed this on the register is a discussion for another day since this may well happen in any other IP office in the continent.<br /><br />The closest way this might be used is as a GI. Though it will struggle to be recognised as such since other producers may need to use such slogan as well.<br /><br />Everything depends on national laws and ultimately, the final say lies with the Court and it held correctly.<br /><br />It is also good to see that anti-competitive measures are in place in Kenya to control IP.Kingsley Egbuonunoreply@blogger.com