Earlier today, President William Ruto’s lawyer, Mr Adrian Kamotho, revealed that the Head of State had trademarked his infamous ‘mambo ni matatu’ (there are three options) phrase which were initially said in cautioning cartels in the country.
“We’re telling all those people in there to leave. That company belongs to the people and we will plan for it afresh. There are no cases we will entertain from there. They must withdraw those cases and leave that company. Do you understand me? I have told you mambo ni matatu. If they want to give me a headache, they must either leave Kenya or I will jail them or wasafiri waende mbinguni (or they die),” President Ruto told sugar cartels while on a visit to Bungoma County in August 2023.
And so, how does one go about trade marking and what are the consequences of infringing on this trademark?
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According to the Kenyan Constitution, the Trade Marks Act Cap 506 states that trade mark means a mark used or proposed to be used: in relation to goods for the purpose of indicating a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person or distinguishing goods in relation to which the mark is used or proposed to be used from the same kind of goods connected in the course of trade with any person.
It can also be used in relation to services for the purpose of indicating that a particular person is connected, in the course of business, with the provision of those services, whether with or without any indication of the identity of that person or distinguishing services in relation to which the mark is used or proposed to be used from the same kind of services connected in the course of business with any other person.
In President Ruto’s case, having registered the ‘mambo ni matatu’ phrase, this means he has authority over it for a period of ten years but may be renewed from time to time in accordance with the provisions of the law. No one is allowed to use it without the President’s permission or make a trade mark or phrase resembling the ‘mambo ni matatu’ phrase.
In the event anyone or any organization infringes on the President’s trade mark rights, they shall be found guilty of an offence and be liable to a fine not exceeding Sh 10,000 or to imprisonment for a term not exceeding 5 years, or both. If anyone in Kenya is found guilty of using this trademark outside Kenya, they will be fined not more than Sh 10,000 or face imprisonment for not more than 5 years, or both.
