KENYA BUSINESS UPDATE

[Joseck Matheri]

Dear Ivan and David,

Good morning. I trust you are well. Our pleasure to update you. 

After some rigorous government protocol, we have been permitted to register Optilube and are proceeding forth with the registration. However, the government has declined to register Optisonic  as the trade name is very close to existing trade names.

We have decided to start off with the Optilube in a month's time, and so we need to work on our business framework. We thus request the following:

i ) That you send us a draft of Samba- Prospero business partnership draft to give to our lawyers for advise 

ii) That you send us pricing schedule, i.e. the price we get Optilube at from you/UK 

iii) Since there is duty to be paid both in Uganda and Kenya, can we be import directly from UK and be wiring your loyalties?

Kindly get back to us soon so we can place our first order.

Kind regards,

MATHERI C.J.

[Joseck Matheri]

Thanks.  I meant the trade name ...

On 7 May 2014 07:25, "ivan makumbi" <makiv...@yahoo.com> wrote:

Dear Jozeck,

Many thanks for the update, our understanding is that such products as Ultra Sound Gel and Opti Lube, Pre injection Wipes are classified as medical devices/Medical Supplies and NOT Medicines/drugs and as such do not require registration.

P'se double check with your regulator!

Kind Regards,

Ivan

[Joseck Matheri]

Thanks Ivan. I certainly need to consult my colleagues ( I am currently in Zambia) but the products have to be registered by a legal entity in Kenya so in that case you would have to first register Samba in Kenya then register the trademarks . Alternatively we can go ahead with the registration(paperwork was submitted two weeks ago ) and then our lawyers can have a clause to cover that. If not then we may have to cancel the process.
Regards,
Joseck Matheri

On May 7, 2014 10:55 AM, "ivan makumbi" <makiv...@yahoo.com> wrote:

Dear Jozeck,

Many thanks for the clarification.

On our part we suggest that in the event there is a regulatory requirement to register the trade names we shall proceed to register the trade name(s) of any of our products that you deem of interest for the Kenyan market and go on to legally appoint/contract your selves to manage those products in the Kenyan market.

We suggest to uphold the same for any product brands that you will pick up and we have an interest to introduce in Uganda.

That is our thinking, we shall appreciate your thoughts?

Ivan.

[Joseck Matheri]

We have had our laws amended a couple of times, kindly let us consult and revert.
Regards,
Joseck

On May 7, 2014 3:38 PM, "ivan makumbi" <makiv...@yahoo.com> wrote:

Dear Jozeck,

Is it so fatal if we did not start with the trade mark registration?

How about focusing at the business side for now and the other dynamics for later?

Kind Regards,

Ivan

[Dave Mungai]

Dear All,

This is indeed a healthy debate.

My understanding is that you may not introduce or commercialize a brand in Kenya before certifying that no one else has registered the trade mark at the Kenya Intellectual Property Institute (Kipi). This is to avoid copyright infringement and subsequent litigation.

We have therefore gone ahead and done a trademark search for Optilube, Optisonic and Essence. Only Optilube is available for registration. 

Essence is registered under the same class 5 by Multibrands International of Bradford West Yorkshire. Is this the company supplying Essence to Uganda and is it possible they have a Kenyan importer? We need to find out.

Optison is registered under class 5 by Merck & Company Inc of New Jersey. Phillips are the Representatives of Merck in Kenya. Optisonic was declined registration as it sounds just like Optison.

We have gone ahead and applied for Optilube registration 2weeks ago. This takes about 4 weeks.

I hope this gives some clarity.

Regards

Dave Mungai

Sent from my iPad

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[Dave Mungai]

Dear Ivan.

Thank you for your response.

I will find out what product Optison is.

I will also halt the application we made for registration of Optilube until you advise way forward.

Please note no commercial activity can proceed in the absence of registration.

Kindly respond about Essence brand.

Best regards

David

Sent from my iPad

On May 8, 2014, at 10:53 AM, ivan makumbi <makiv...@yahoo.com> wrote:

Dear Dave,

Good to hear from you, just a quick one is the Optison by Merck an Ultra Sound product?

Otherwise we have a huge interest in the trade mark registration of our products. Am sure you do as well.

Our model is that we retain ownership of the product(s) but establish legally binding strategic partnerships with firms like yours to manage the products in the respective markets out side Uganda.

We have concerns that you have gone ahead to pursue trade mark registrations before making contact with us for concurrence on the matter.

This is request that you P'se halt the process at this point in time!

Will appreciate your kind understanding.

Ivan

[Joseck Matheri]

Arúme.....inaonekana kunaunhua huku....
Why not try and see whether we can swop from Prospero to Samba ....
We need to talk urgently
C.J.

[Joseck Matheri]

Dear Ivan,

Please find attached trademark search for Essence. Certainly some one lodged application in Kenya. You may need to find out from Multibrands. Meanwhile we are trying to see whether there is a loophole to trade without trade mark registration for Optilube . 

Regards,

Joseck Matheri

MATHERI C.J.

On Tue, May 13, 2014 at 1:53 PM, ivan makumbi <makiv...@yahoo.com> wrote:

Dear David, Dear Jozeck,

As a follow up to the trail and the initial discussions we held in Kampala in relation to product ownership which is the gist in this matter!

Can you P'se share your experiences on how other Companies have navigated this process in Kenya without necessarily forfeiting product ownership.

We hope this will guides going forward and when i relates to the same but for the Uganda market.

Ivan