‘Mambo ni Matatu’: Securing catchphrases as trademarks
When President William Ruto uttered the phrase ‘Mambo ni Matatu’ (loosely translated as ‘there are only three things’) it elicited opposition and support from various sections of the population.
In the usual Kenyan fashion, some quick entrepreneurs started to print Mambo Ni Matatu T-shirts, some with parody messages about the three things they had in mind.
On September 19, 2023, the President’s lawyers applied for the trademark and service mark at the Registry of Trademarks covering clothing, games, advertising, education and personal services, among others.
The Registrar of Trademarks duly examined trademark application number 130088 and advertised in the Industrial Property Journal on September 30, 2023, giving the public 60 days in which to oppose the registration of the mark.
The news of the President’s action to protect the phrase once again elicited an uproar from some quarters dismissing it as normal phrasing that did not deserve protection from the registrar. It is not unusual for political figures to file for the protection of slogans as trademarks.
Donald Trump, the former US President, for instance, registered several trademarks such as Make America Great Again for the 2016 election in the class of political action committee services, namely, promoting public awareness and fundraising in the field of politics.
A similar reaction by the public greeted the news that Francis Atwoli, secretary-general at Central Organization of Trade Unions had on July 1, 2021, applied for the registration of “Alaa Alaa Alaa!” as a trade and service mark under trademark application number 118094 covering clothing, games, advertising, telecoms, entertainment and security.
This application flowed from Mr Atwoli’s appearance on a TV interview on February 24, 2021, when he uttered the memorable phrase.
This trend by prominent personalities to have trademarked catchphrases follows similar actions in other jurisdictions where persons have done so and gone ahead to exploit them commercially.
Read: Upgrade trademarks registry services
It usually stated that the phrase “Let’s Get Ready to Rumble” used as a prelude in boxing and wrestling was trademarked by Michael Buffer in 1998 and he has since reportedly received more than $400 million from licensing those five words for use in commercials, music, video games and merchandise.
Similarly, Pat Riley trademarked the phrase “Three-Peat” in 1995 to symbolise the win of a championship three times in a row and has also cashed in on merchandise sold bearing the phrase. In tennis, the exasperated rant of the sports legend John McEnroe in 1981 “You Cannot Be Serious” led to his trademarking of the phrase in 2006.
Those who are puzzled why trademark protection is extended to what may be deemed ordinary phrases should note that the definition of trademarks in Kenya was expanded in 1994 to include slogans.
Unfortunately, many Kenyans are not acquainted with the striking commercial gains that are available in protecting their catchphrases. Whether the words are invented or ordinary day-to-day words used in a distinguishable stylised manner unique to the applicant’s personal or corporate brand, the practice of seeking trademark protection for the same is rife with benefits.
Obtaining trademark registration gives the proprietor the capacity to build a recognisable brand free from dilution by infringing entities seeking to mimic or duplicate the integral elements of the brand. They can receive financial gains through licensing agreements with various entities.
Merchandise such as T-shirts and caps can be printed with a registered phrase and sold with a share available to the owner of the trademark. Licensing is also available for advertisements and other uses.
Kenya has through the Movable Property Security Rights Act, allowed the usage of trademarks as an intangible asset that can be used as collateral to obtain financing.
The trademark can also outlive the proprietor and remain an invaluable imprint of one’s efforts and contributions in a particular society or industry, which is the very essence of a legacy as well as additional income to the estate. Trademarks last for 10 years and can be renewed potentially endlessly for subsequent 10 years in succession.
Several Kenyan phrases have yet to be trademarked but have the potential to be registered. Comedian Chipukizi has the phrase “Itakuwaje?” (how will it be?) that he has used as an opening line and which is firmly associated with him. In the media industry, Jeff Koinange also has several phrases that he has popularised over time such as “Oh My!” that are synonymous with his show. He even playfully took a photo in New York next to the phrase that had been written on a restaurant board.
Politically, there are many slogans capable of trademark protection. It was not long ago that Cabinet Secretary Alfred Mutua claimed the “Safe Pair of Hands” slogan. It is probably a cue that politicians should seek the protection of their slogans in advance or once they use them.
Less-known Kenyans also ought to appreciate that it is not the preserve of the prominent Kenyans to seek the protection of their slogans.
Certain phrases may nonetheless find it hard to pass the litmus test of protection if they are deemed offensive or threatening. Phrases such as “Nitakufinya” (I’ll squeeze you) while seeming to have taken social media by storm may find themselves locked out for this.
We reckon that the Registrar of Trademarks will be waiting for Kenyans to approach their offices with their hitherto unregistered phrases seeking protection once they realise the potential windfalls. Who knows? Perhaps the Registrar will be wishing they could say to entrepreneurial Kenyans, “Come Baby Come” in the words of Miguna Miguna.
Read: Kenyan outwits US firm in trademark row
It is prudent to point out that appropriating a trademark does not mean infinite exclusive possession of the word but allows the proprietor to assert exclusive use of the word in respect to a particular class of goods or services.
Obtaining a trademark of your catchphrase, hashtag, nickname, song-lyric, sales line, personally-stylized exclamation or comical rejoinder is something that should be encouraged rather than frowned upon.
If phrases like “SIPANGWINGWI” (I cannot be finessed) were trademarked by musicians, there may be massive commercial gain when political parties use the same and have to pay for that use. BY BUSINESS DAILY
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