The Kikoy Company UK Ltd had sought to trade mark the term 'kikoy', the Kiswahili word for the colourful, wrap skirts worn by both men and women who live along the East African coast.
But now the company has decided not to proceed with its application in the face of opposition from Traidcraft Exchange, supported by the Newcastle office of national law firm Watson Burton.
"If the trade mark had been granted it would have given the company a virtual monopoly over the use of the term 'kikoy' in the UK," said Rob Donnelly, Traidcraft's East Africa Programme Manager.
"That would have been disastrous for the thousands of small businesses which depend on trade with the UK in this traditional cloth for their livelihoods. It would also have meant Kenyans would have lost the legal right to use a word from their own language."
Traidcraft Exchange agreed to head the opposition to the trade mark application in the UK at the request of the Nairobi-based charity Co-operation for Fair Trade in Africa (COFTA).
Watson Burton became involved in the case when it accepted the request from Public Interest Intellectual Property Attorneys which specialises in linking clients in developing countries who have intellectual property problems with specialist lawyers prepared to act for no fee.
Ed Meikle, Head of Intellectual Property at Watson Burton said: "We are delighted to have played our part in halting this trade mark application. Just as it would be inconceivable for someone to exclusively own the right to use the word 'tartan', it is as unthinkable to seek to trade mark the word 'kikoy'.
"Following our objections, the UK Intellectual Property Office indicated that had the Kikoy Company not backed down, it was highly likely that it would have refused the application. Common sense has prevailed.
"Watson Burton has always advised a number of individuals and organisations each year on a 'pro bono' basis as part of our corporate social responsibility programme, recently acting for the Great North Air Ambulance Service, Wallsend Boys Club and the North Northumberland Hospice. We are pleased to do what we can to help."
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Notes to editors:
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Traidcraft Exchange is the UK's only development charity specialising in making trade work for the poor by helping them grow their businesses, find markets, and engage effectively in trade.
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We are currently managing 14 major projects with a total value of about £5.5 million. These projects are directly benefiting 350,000 people with a further 1.4 million indirectly benefiting.
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For more information from Traidcraft Exchange, contact Melissa Duncan at melissad@traidcraft.org.uk or phone 07831 576103.
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For more information from Watson Burton, contact Christine Holland at christine@hollandpr.com or phone 07711 698 246.
