Chinese firm to appeal ruling on ‘Thermos’ trademark

Two companies associated with Mombasa tycoon Ashok Doshi have obtained an exclusive licence and rights to use the trademark “Thermos” to trade in various goods, including household appliances under different classes.

In a public notice, Thermos Ltd and Doshi Ironmongers Ltd indicated they are the sole registered proprietors of the trademark and cautioned against its use without their authority.

Thermos Ltd will trade in goods in class 4, 11, 12, 18, 22, 24 and 25 under trademark numbers 66337 and 66338. Goods under this classes include candles and wicks for lighting, and apparatus for lighting, heating, cooling, and refrigerating. Class 24 and 25 goods include textile, bed and table covers, clothing, footwear and headgear.

Doshi Ironmongers will, on the other hand, trade in goods in Class 21, which include plastic flasks and other household items.

The companies obtained the certificates from the Registrar of Trademarks after winning a court case against Chinese firm Thermos Hong Kong Ltd, which had also laid claim to it.

Last year, the High Court in Mombasa ruled that restoration proceedings by the assistant registrar of trademarks, which led to the registration of the Chinese firm as the legal owner of the trademark, were null and void and of no effect. Justice Patrick Otieno also directed that the application for the trademark by the Kenyan firms be considered.

The application for the trademark, the court directed, was to be considered on merit upon the production of relevant documents. While quashing the restoration proceedings, the court noted that the assistant registrar had no powers to revisit an issue already determined by his superiors.

Thermos Ltd originally owned the trademark, but the firm later changed its name to Household Containers Ltd. Doshi Ironmongers applied for the trademark under Class 21 on July 12, 2006, but the application was rejected on the basis that it was identical to another used by a different company. The application was later approved upon the removal of the trademark from the register due to non-renewal by the company that owned it.

The Chinese firm, which has already filed a notice of appeal, has maintained that the trademark was erroneously removed from the registry. It also claims that renewal notices were mistakenly issued to Household Containers instead of Thermos Hong Kong.