This archive report was first published on 15 July 2019.
Disney's Hakuna Matata Trademark: A Case of Intellectual Property ¶
On August 8, 1994, Disney Enterprises Inc applied for the registration of Hakuna Matata as a trade mark, which was granted on March 25, 2003. This marked the beginning of Disney's exclusive rights to use the phrase on T-shirts in the US.
As of 2019, Disney's 2019 remake of The Lion King, a musical animation, was set for theatre release on July 19, 2019. The animation's soundtrack, featuring Beyonce and titled 'Spirit', starts with the Swahili phrase 'Uishi kwa muda mrefu mfalme...'. This is the second Swahili phrase in the animation that has been largely responsible for the world knowing the catchy phrase Hakuna Matata!
Disney's acquisition of exclusive rights to use Hakuna Matata in the US on T-shirts remains in effect today. However, this does not mean that Disney has the same rights in other countries, including Kenya.
According to the US Patent and Trademarks Office, there are eight registered trade marks comprising the word 'hakuna', including Hakuna Matata, owned by Disney for use on T-shirts. Other companies, such as an American beer manufacturing company and an American health/food supplements company, also own registered trade marks with the word 'hakuna'.
Trade mark registration gives the registered owner the exclusive right to use that trade mark in respect of particular goods or services, and these rights extend only to the country of registration. Therefore, Disney would not have the exclusive right to use 'hakuna matata' on T-shirts in Kenya, unless and until it registered this trade mark in Kenya.
For consumers to associate a brand or trade mark with a particular person or company, that trade mark must not be generic for those products. For example, while apple and mango are fruits and would be generic for food products or juices made from them, these same words are non-generic for electronics and clothes respectively and therefore can be registered as trade marks.
Disney's value creation over 'hakuna matata' has made a Disney Hakuna Matata T-shirt cost $24.99 in the US. However, in Kiswahili-speaking countries, 'hakuna matata' is an ordinary Swahili phrase, and Disney would not likely be granted a trade mark over 'hakuna matata' in Kenya.
Trade mark registration in Kenya is granted under the Trade Marks Act, and is for a renewable period of 10 years. The trade marks registry is administered by the Kenya Industrial Property Institute, which involves a 'similarity search' process, examination of the application and mark, then approval or refusal.
