The State has given retired President Daniel Moi the exclusive sole rights to the common Kalenjin word ‘Kabarak’ meaning high or elevated place.
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.
The Kenya Industrial Property Institute (KIPI) has issued a trademark to Mr Moi after an application by his lawyer Tom Ojienda.
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.
Individuals and firms marketing goods or services under the name ‘Kabarak’ without permission from the former president face a jail term of up to five years and a fine of Ksh 200,000 or both.
Moi applied for the trademark for 45 classes in 2016 and was granted the licences following no objection.
“One can register a geographical name so long as it has acquired distinctiveness with respect to the goods or services it is used in relation to and the goods or services are actually produced or offered in that geographic location,” KIPI Managing Director Sylvance Sange told the Business Daily.
Registering a trademark costs Ksh 12,000 and with the name Kabarak registered in 45 categories, Moi paid a total of Ksh 540,000 for the exclusive rights.
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.
