A Kenyan firm associated with Mombasa tycoon Ashok Doshi has won a legal battle over the ownership of the famous trademark ‘Thermos’, which has been a subject of dispute for more than seven years.
A court in Mombasa ruled that restoration proceeding by Assistant Registrar of Trademarks, that 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, who has been presiding over the dispute between the firm and Doshi Iron Mongers Limited, quashed the restoration proceedings and directed that application for the trademark, by the Kenyan firm be considered.
“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.
“That now leaves the registrar to consider the appellant’s application for registration on its merits and in accordance with the law, I direct that the application be considered by any other registrar other than Elvin Opiyo,” the judgement further reads.