Use Moi’s Kabarak trademark name at your own risk

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Individuals and firms marketing goods or services under the name “Kabarak” without permission from former president Daniel arap Moi face a jail term of up to five years and a fine of Sh200,000 or both.

This follows the granting of the exclusive sole rights  to the retired President by the state to the common Kalenjin word ‘Kabarak’ meaning high or elevated place.

 But how can someone trademark the name of a town?

The Kenya Industrial Property Institute (kipi) issued a trademark to Mr Moi after an application by his lawyer Tom Ojienda.

Image result for kabarak university

According to Kipi Journal, Mr Moi applied for the trademark for 45 classes in 2016 and was granted the licences following no objection. But can anyone trademark the name of a town?

A trademark is a distinctive sign used by a merchant to identify his goods or services and to distinguish them from those produced or provided by others.

Registration of a trademark protects the owner against misuse, imitation of its mark or dilution through use in unrelated goods or services.

Kabarak is in Rongai constituency in Nakuru where the area MP is Raymond Moi, the retired Head of State’s son.

Moi owns Kabarak High School, university and farms in the region.

Registering a trademark costs Ksh 12,000 and with the name Kabarak registered in 45 categories, Moi paid a total of Ksh 540,00 for the exclusive rights.

The trademarking in all 45 classes means no class of goods and services can be offered under that name ,to date, Kenya has registered 114,445 trademarks.

The oldest trademark is crocodile logo filed on 8 March 1913 by Raph MartinDale & Co. Limited of England for cutlery and edge tool products.

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