Firms in court battle over trade mark 'THERMOS'

Two firms fight over 'thermos'.

Two companies have taken their battle over the use of the trademark 'thermos' on their products to the High Court.

Doshi Iron Mongers, a Mombasa-based flask company, claims ownership of the trademark. 

Thermos Hong Kong - a Chinese company - also claims ownership of the trademark that was originally owned by Thermos Limited, which later rebranded to Household Containers Limited.

Doshi wants Thermos Hong Kong barred from using the trademark. The trademark is usually printed on most thermos flasks in the market today.

Doshi through lawyer Willies Oluga said it had a valid claim over the trademark having been given authority by the Registrar of Trademarks to manufacture and trade in goods relating to it.

“Indeed Doshi Iron Mongers had been given the go-ahead by Thermos Limited to locally mould, manufacture and sell goods relating to the trademark of Thermos Limited,” said Doshi.

Commercial loss

On December 1, 2017, Justice P.J.Otieno issued an injunction stopping Thermos King Kong from trading using the trademark pending hearing and determination of Doshi's appeal on the decision by Assistant Registrar awarding the trademark to Thermos Hong Kong.

Doshi said the Deed of Assignment dated January 2002 from Thermos Limited to Thermos Hong Kong was executed after Thermos Limited wound up on December 21, 2001.

But Alex Huang, director and chairman Thermos Hong Kong, said the trademark belongs to his firm and it has continued using it in various goods. Mr Huiang said the Thermos trademark which Doshi was attempting to register was visually and phonetically similar to that of his company.

“This was likely to (make Kenyans) to mistakenly think that any goods sold by Doshi Iron Mongers bearing that mark either originates from Thermos Hong Kong or are manufactured by our licensee and yet Doshoi Iron Mongers was not the true owner of the mark Thermos,” he said.