03 January 2022

Last year in November, media personality Shix Kapienga started the journey of trademarking her street name, Kapienga.

Shix applied for registration with the Kenya Industrial Property Institute (KiPi), a government parastatal that administers Intellectual Property rights.

The process went swimmingly well as no one opposed it during the 60 days it was advertised on the organisation's journal.

it read: "NOTICE is given that any person who has grounds of opposition to the Registration of any of the trademarks advertised herein according to these classes may within sixty (60) days from the date of this Journal, lodge a notice of opposition on form TM. No. 6 (in duplicate) together with a fee of Ksh.5,000/= (local opponent) or US$ 250 (foreign opponent)."

Since the registration went unopposed, Shix has now registered her name Kapienga which is valid for 10 years after which she can opt to renew the trademark.

A trademark is a word, name, graphic, phrase, colour, sound or even a smell that identifies a single source of goods or services.

Although the name is associated with a person, that does not make it a trademark, even if that person is famous. The law requires that the person claiming a trademark over her name prove what is called secondary meaning.

In this case, Shix explained in her application the name will be used in "services having the basic aim of the entertainment, amusement or recreation of people; arranging and conducting of concerts; entertainer services; entertainment services; film production; television entertainment; presentation of live performances; radio entertainment."

Adding, "The translation into English of the sheng word 'KAPIENGA' is 'small'."

Shix has joined the big leagues, the likes of other A-list stars like Kim Kardashian West, Kylie Jenner and Beyoncé.