Legal updates and opinions
News / News
Kenya: SONY is not well-known
By Janine Hollesen and Donvay Wegierski, Directors
In Sony Corporation vs Sony Holdings Limited the Kenyan High court dismissed the Japanese corporate’s trade mark opposition to trade mark applications filed for SONY in classes outside of those already registered by Sony Corporation, the court finding that it’s SONY mark is not well-known in Kenya. The burden of proof for well-known status therefore remains high, with the courts requiring substantial evidence taking into account a range of factors.
The general principle for Paris convention member countries is that a mark granted well-known status enjoys broader protection than an ordinary mark in that country. Section 15A of the Kenyan Trade Mark Act grants protection to well-known marks in terms of which it is necessary to provide evidence of sufficient knowledge of the mark within the relevant sector. A foreign reputation does not satisfy the criteria as it must be proved that this reputation extends to Kenya.
Even though the Sony Corporation relied on its extensive sport sponsorship and world-wide trade mark registrations for the mark SONY, the court didn’t regard this as proof of repute in Kenya, only accepting evidence of brand value in Kenya which alone did not elevate the SONY trade mark well-known.
If you would like to learn more about Intellectual Property please visit our practice area page.
Latest News
Defamation in Labour Law – Manqele V Baloyi Masango Inc Attorneys and Others (896/2023) [2025] Zampmbhc 75 (12 August 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate It is not unusual for employers to appoint a law firm [...]
Voluntary liquidations: A cost effective and efficient method of conducting a corporate clean-up, and for ending the existence of dormant companies
by Brendan Olivier Quite understandably, the word 'liquidation' can send shivers down the spine, and cause a company director to [...]
Substance dependence in the workplace- misconduct or incapacity?
by Bradley Workman-Davies - Director, Nasheetah Smith - Senior Associate & Isabella Keeves - Candidate Attorney One of the challenges [...]
Cutting the baby in half – when equality meets reality: Paid maternity leave after Van Wyk v Minister of Employment and Labour
by Bradley Workman-Davies, Director and Kerry Fredericks, Director The Constitutional Court's recent judgment in Van Wyk and Others v Minister [...]
SME cashflow threats: when liquidation strikes a supplier or customer
by Brendan Olivier An SME that permits its customers and suppliers to trade with it on credit terms, does so [...]
Global developments in gambling, betting and e-sports regulation: Lessons for South Africa
by Tebogo Sibidla, Director Like many other sectors of the economy that rely on technology, online gambling, gaming and betting [...]

