Over 2000 Brands at Risk of Losing trademark registry in Kenya

The Kenya Industrial Property Institute (Kipi), the keeper of trademarks in the country, has warned that it will clear 2,162 products from its register if their owners fail to renew their respective trademark licenses by next Wednesday 15 July 2020.

Over 2,000 products, including global brands like Vaseline, Smirnoff and Total Gas, are at risk of losing their market protection in Kenya following the expiry of their trademark licenses.

According to John Onyango, the acting managing director at Kipi, in a notice on June 15, said that the proprietors of the affected marks have until July 15 to renew them.

“Where no application for renewal of a trademark published herein is received within 30 days from the date of this publication, the trademark shall be forthwith removed from the Register of Trade Marks,” Mr. Onyango said.

Other brands in the clean-up register include Colgate registered by Colgate-Palmolive; Vaseline by Unilever; Hostess flour by Unga Limited Hennessy and Hennessy Cognac by Societe Jas Hennessy and Company, and Philips by NV Philips Loeilampenfabrieken Vas; and Total Gas and Total Gaz by Total.

Once deregistered firms can apply to have the trademarks reinstated at Kipi’s discretion, raising fears that the firms could be exposed to counterfeited goods.

“The trademark shall then be restored to the Register of Trade Marks upon being satisfied that it is just to do so and upon imposing such conditions as the registrar may deem fit,” said Mr. Onyango.

Trademark registration is valid for 10 years from the date of application, according to the Trademarks Act.

Six months prior to the expiry of the 10 years, the registrar is required by law to notify the owner of the trademark of the imminent expiry of the concerned trademark.

When a trademark is registered with the Kenyan Trade Marks Office, it accords protection in Kenya only.

Registration of a trademark gives a proprietor direct evidence of exclusive ownership and helps keep off potential infringers who may try to ride on the goodwill of one’s mark.