Businesses warned as President Ruto moves to trademark 'mambo ni matatu' slogan

The slogan went viral in August when President Ruto issued a stern warning to "sugar cartels" blaming them for the collapse of the country's sugar industry.

The application, made to the Kenya Industrial Property Insitute (KIPI) by Ruto's lawyer Adrian Kamotho Njenga, wants the slogan and the mark to be officially registered which will see anyone using it be apprehended for trademark infringement.

Ruto has sought to choose businesses in class 25 (for a fashion business), class 28 (gym and sporting activities), class 35 (advertising), 41 (Education, entertainment, cultural activities) and 45 (Personal and social services) be barred from using the slogan.

Intellectual Property lawyer Liz Lenjo told Citizen Digital that President Ruto must now use the slogan to gain exclusivity of the slogan, "provided he uses the phrase in these particular classes."

She added that nobody can be sued if they use the phrase during a speech because the laws will apply to branding in businesses.

"He cannot because you cannot exclude someone from speaking but if you were to brand your businesses in the classes outlined in this application then of course you'd be in trouble," she said.

"But again one would challenge and review whether he is actually using the mark because with Trademarks you have to use [them]."

Ms. Lenjo however clarified that the slogan has not yet been registered since it is due to undergo a 60-day advertisement stage.

"Within those 60 days any Kenyan who would like to object to that registration then they would do so as long as they have grounds then they would institute what we call an opposition to a trademark application, they make their case, then the registrar of trademark opposition would make a decision," she said.

According to Ms Lenjo, a trademark is an IP right granted to a brand that is distinctively used to identify a business and excludes a third party from using or branding their business in a similar way to the registered trademark.