Trademark cat

DIVINE BANDIT: Education, providing of training entertainment and sporting cultural activities

A trademark is defined under section 2 as a mark used in relation to goods for the purpose of
indicating a connection in the course of trade between the goods of one person having the rights
either as proprietor or as a registered user to use the mark whether with or without any indication
of the identity of that person or distinguishing goods in relation to which the mark is used or
proposed to be used from the same kind of goods connected in the course of trade with any
person
A mark must be distinct for it to be registered as a trademark
And hence distinctiveness requires that the names must be inventive
However, distinctiveness excludes the following:
i. Laudatory names/terms- one that simply references the quality of products without
necessarily distinguishing it from other products e.g. fudge? or best beer.
ii. Terms indicating the kind or type of product in question.
iii. Terms that is descriptive of the quantity of the product or service. eg “nusu mkate?”
iv. Words that simply describe the intended purpose.
v. Terms descriptive of the value of the product.
vi. Terms indicating if the geographical origin of the product.
vii. Terms that is descriptive of the time of production of the product.
In determining whether a mark is offensive or not, you apply an objective test. You take the
position of an ordinary right thinking member of society. This test was developed in the
Ghazilians Trademark Application case. That test states that mere offence to a section of the
public in the sense that that section of the public would consider that mark distasteful is not
enough to make that mark offensive to morals.
A mark is offensive to morals if it would justifiably cause outrage or would be the subject of
justifiable censure amongst an identifiable section of the public as being likely significantly to
undermine current religious, family or social values.