In the case of Paksons Enterprises Limited v Kipkoech t/a Paksons Agroveterinary Solutions, whereby the plaintiff accused the defendant of infringing on its registered trademark “PAKSONS ENTERPRISES LIMITED” through the use of a similar business name, has been ultimately dismissed by the High Court. This is based on the defendant’s prior registration of the business name before the plaintiff’s trademark was registered. Despite acknowledging the potential for confusion, the Court found no evidence of actual passing off, especially as the two businesses differed slightly in operation – one manufacturing and the other retailing agricultural products.
The ruling sheds light on a larger systemic issue – the lack of coordination between the Kenya Industrial Property Institute (KIPI) and the Companies Registry. These bodies operate independently when registering business names and trademarks, resulting in potential overlaps and legal conflicts.
To address this gap, the need for a unified and digitised database linking businesses’ names and trademark registrations is vital. Such integration would enable cross-checking during registration, helping prevent approval of infringing names.
Please click here to read more of our article on this ruling.
This article first appeared in WTR Daily, part of World Trademark Review, in (February/2025). For further information, please go to www.worldtrademarkreview.com.
