In order to register a domain name in Kenya, the applicant is required to have a real and effective business interest in the country. However, exceptions will be made for registration of domain names in the .co.ke domain name space if the applicant has a registered trade mark in Kenya. Once again, this highlights the importance of registering trade marks in countries like Kenya in which trade mark proprietors possibly do not intend to operate immediately but, in time intend to enter.
Marilyn Krige
Partner
Adams & Adams
marilyn@adamsadams.co.za

Featured Act Merchandise Marks Act 17 of 1941
To make provision concerning the marking of merchandise and of coverings in or with which merchandise is sold and the use of certain words and emblems in connection with business.
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Featured Case Law FIFA’s first South African domain name victory
FIFA secured a transfer of the domain name fifa.co.za after it successfully objected to the registration of the domain name in the name of X Yin (“the Registrant”), by lodging a complaint with the South African Institute of Intellectual Property Law, the recently accredited alternative dispute resolution provider for domain names in the .co.za name space.

Adams & Adams is a B-BBEE LEVEL 4 Contributor

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The firm practises directly in several Southern African countries and through long-established associates in others.

Domain name registrations in Kenya - an exception to the rule4/12/2007

Domain name registrations in Kenya - an exception to the rule
4/12/2007