This archive report was first published on 27 December 2019.
Published on December 27, 2019, a Kenyan firm associated with Mombasa tycoon Ashok Doshi has won a legal battle over the ownership of the famous trademark 'Thermos'.
The court in Mombasa ruled that the restoration proceedings by the Assistant Registrar of Trademarks, which led to the registration of Chinese firm Thermos Hong Kong Limited as the legal owner of the trademark, were null and void.
High Court Judge Patrick Otieno quashed the restoration proceedings and directed that the application for the trademark by the Kenyan firm be considered.
According to the judgement, 'The upshot is that this appeal succeeds in entirety and in terms of Section 52 of the Trademarks Act as read with Section 78 of the Civil Procedure Act. I do set aside the decision of the Assistant Registrar dated October 24, 2017, together with the decision of dated January 11, 2011, restoring the trademark no. 17003 (Thermos),' the judge said.
He further directed that the application be considered by any other registrar other than Elvin Opiyo.
