Running a business? Here's why trademarking can save your brand

In August 2023, the phrase 'mambo ni matatu' was the talk of the town, capturing national attention.

 President William Ruto said this when he vowed to dismantle cartels in the sugar sub-sector.

 But what made this simple slogan resonate so widely?

 After Ruto used it while issuing a stern warning to sugar cartels, the Swahili phrase, which loosely translates to "you have three options," quickly went viral, appearing on merchandise, advertisements and social media platforms.

 However, businesses rushing to capitalise on the slogan were soon forced to tread carefully after Ruto moved to trademark it.

 It raises an important question: How can businesses ensure their unique identity remains protected in a competitive market?

 By trademarking the slogan, ="https://www.standardmedia.co.ke/national/article/2001483225/ruto-trademarks-mambo-ni-matatu-phrase-says-lawyer">Ruto ensured exclusive rights to its commercial use, showing why businesses must act proactively to protect distinctive phrases and brand elements< that resonate with the public.

 Ever wondered how to protect your brand name and secure your business identity in a crowded market?

 It's a crucial step in safeguarding your business identity, especially in a competitive market. What steps can you take to ensure your business identity stays uniquely yours?

 Registering a trademark might seem daunting, but it’s more straightforward than you think.

 The Kenya Industrial Property Institute (KIPI) plays a key role in facilitating trademark applications, helping businesses protect their brand identity with minimal complexity.

 KIPI's trademark process starts with a simple search to check if a mark is available. This helps avoid confusion with existing trademarks.

 According to Elvine Apiyo, Assistant Registrar of Trademarks at KIPI, trademarks serve as a "batch of origin," allowing consumers to identify goods or services by distinctive signs often recognised as logos or wordmarks.

 "The first step is to conduct a search," Apiyo says, noting that KIPI checks for identical or similar marks to avoid confusion in the marketplace.

 Applicants submit a simple search form, paying Sh3,000 for the preliminary advice.

 Trademarks are classified according to the international Nice Classification system, which organises goods and services into 45 distinct classes to simplify trademark registration and help businesses protect their brand assets effectively.

 Apiyo explains that businesses can register a trademark across multiple classes to cover various products or services.

 The application process involves filing Form TM 2, with a Sh4,000 fee for a single class.

 Each 'class' represents a category of goods or services, such as beverages, clothing or technology.

 Subsequent classes incur a Sh3,000 fee for local applicants while foreign entities pay in dollars.

"A trademark can cover broader descriptions like 'stationery' instead of just 'pencils' to allow flexibility," Apiyo notes, cautioning that broader terms might attract more objections.

 Once the application is submitted, KIPI publishes the proposed trademark in its monthly journal for 60 days.

 During this period, the public can raise objections if they believe the mark may cause confusion.

 "If no objections are filed, the trademark proceeds to registration, with a Sh2,000 fee," Apiyo says.

 "The total cost for a local company is Sh12,000, granting exclusive rights for a decade."

 Apiyo highlighted the value of trademarks as assets businesses can license, assign or sell.

 "Trademarks offer exclusivity in the market, encouraging innovation and giving owners a chance to monetise their brands," she says.

 Trademarks can be renewed indefinitely in 10-year increments, ensuring businesses retain exclusive rights and avoid legal complications.

 Apiyo describes the system as a social contract that protects inventiveness while fostering a competitive market environment.

 "We aim to create a vibrant, innovative economy by safeguarding the intellectual property of businesses," she observes.

 She adds, that renewing a trademark helps a business retain exclusive rights and avoid legal disputes from unauthorised use.

 It also signals a brand's consistency and reliability to consumers.