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What businesses should do to avoid trademark disputes

If you possess a trademark, ensure that your registered mark is suitable for the purpose, unique, unlikely to result in litigation from others, and enforceable if others begin to use anything similar. [iStockphoto]

The number of Kenyan businesses involved in trademark litigation has increased recently.

The recent ruling by High Court Justice Njoki Mwangi in a case brought by Buupass Kenya Limited against Buspass Kenya Limited emphasises the value of safeguarding intellectual property rights and the legal nuances surrounding trademark disputes in Kenya.

After losing a trademark infringement case, the ticketing business Buspass Kenya Limited was ordered to alter its name and relinquish any profits it may have received.

Trademarks serve to inform consumers about the origins of goods and services (also known as “designations of origin”); the expected quality of goods and services; that these goods and services are not produced by rival companies.

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