Registration of the “COFFEE KENYA” Certification Mark by the Government

MARK COFFEE KENYA

This blogger came across a recent media report stating that the government through the Ministry of Agriculture had successfully applied for registration of a mark of origin for Kenyan coffee at Kenya Industrial Property Institute (KIPI) and that a similar application was pending at World Intellectual Property Organization (WIPO).

The media report reads in part:

“Speaking yesterday at a preparatory meeting for the launch at Safari Park Hotel in Nairobi, Agriculture Cabinet Secretary Felix Koskei said the move was intended to increase visibility of local coffee in the domestic and international markets.

“The use of national mark of origin is another measure geared at improving visibility of Kenyan coffee in the domestic and international market,” Mr Koskei said.

Interim head of coffee directorate Grenville Melli said the mark is registered by Kenya Intellectual Property Institute and listing by World International Property Organisation is being considered.

So far, four companies have met the requirements to use the mark. They are C. Dormans, Kenya Nut Company, Kimanthi University of Technology and Super Gibs Ltd.”

Comment:

While scanty on the actual facts and details, the media report brings to light an interesting development. This blogger has confirmed that the Coffee Board of Kenya (CBK), a state corporation, has registered a Certification mark with the Registrar of Trade Marks at KIPI. A representation of the mark has been reproduced above. The Board also made an application to register the Certification Mark through WIPO’s Madrid System. They duly designated a number of countries including Australia, Japan, Republic of Korea, Switzerland, Iran, Sudan as well as the European Community but apparently the CBK did not attach the rules governing the use of the mark, as required for purposes of registration of a Certification Mark.

Upon examination of the application, all the designated countries, apart from Sudan, required the Board to forward the above rules within a certain period but the Board did not comply in time. The mark has therefore been deemed abandoned in all the countries designated apart from Sudan where it appears the mark has been registered. The Board has indicated that it will commence the process all over again.

A copy of the “COFFEE KENYA” Madrid application is available here.

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