Kenya Agricultural and Processed Food Products Development Authority (APEDA) v Krish Commodities Limited (Civil Appeal 610 of 2019) [2025] KECA 1587 (KLR) (3 October 2025) (Judgment)

Trademark Infringement Detail

Trademark Infringement

Kenya Agricultural and Processed Food Products Development Authority (APEDA) v Krish Commodities Limited (Civil Appeal 610 of 2019) [2025] KECA 1587 (KLR) (3 October 2025) (Judgment)

Parties
APEDA v Krish Commodities Limited
Court
Court of Appeal of Kenya at Nairobi
Bench
W. Karanja, A.O. Muchelule, J.M. Ngugi, JJA
Tags
Trademark opposition Geographical indication
Date
2026-08-26

Facts

In October 2009 Krish Commodities applied to register six composite word marks in Class 30 incorporating "Basmati" (e.g. "Wali Basmati Rice", "Nawab Basmati Rice"), each disclaiming exclusive rights in "Basmati" and "Rice". APEDA (India) opposed, arguing "Basmati" is a geographical indication denoting aromatic rice from specific Himalayan regions and that registration would mislead consumers.

Issues

Whether "Basmati" constitutes a protectable geographical indication in Kenya absent formal domestic registration, and whether the composite marks were likely to mislead consumers.

Rule

Trade Marks Act (Cap 506) s.40A(5) (collective/certification marks pathway for geographical indications); Constitution of Kenya 2010 arts 2(5)-(6); TRIPS Agreement arts 22-24; Speaker of the National Assembly v Karume [1992] KECA 42; Kenya Breweries Ltd v Odoyo [2010] KECA 498; SmithKline Beecham Plc v Registrar of Trademarks [2005] eKLR.

Analysis

The court accepted "Basmati" might abstractly satisfy TRIPS Art 22's definition of a geographical indication, but held TRIPS is not self-executing in Kenya absent domestic recognition — Kenya's implementation route is s.40A(5) collective/certification marks. APEDA bore the burden to prove consumer deception and failed to adduce evidence that Kenyan consumers were misled; "Basmati" was found to function descriptively/generically in the local market.

Conclusion

Appeal dismissed; the High Court's 2017 decision and the Registrar's 2013 ruling were upheld. Absent formal geographical-indication recognition in Kenya, APEDA lacked standing to block the disclaimed composite marks. Costs to the respondent.

Judgement available at kenyalaw.org.

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