Our client is a wholly-owned by Kenya Banker Association (“KBA”), the registered proprietor of the trademark registration number 90426 “PESA LINK”. As such, our client has full, unlimited and sole right in Kenya to use the trademark “PESA LINK” to the exclusion of all other persons, including your client. Accordingly, your client has no right to interfere with or restrain our client’s right to use our client’s duly registered trademark “PESA LINK”.

Our client is not aware of any goodwill possessed by your client in connection with the mark “PESA LINK”, nor does our client see any benefit that would arise from associating with your client. On the contrary, your client’s duly registered mark “PESA LINK” amount to infringement and dilution of the said mark.

For these reasons and others, our client denies each and every allegation set forth in your letter. Our client asserts its full legal rights to the registered trademark “PESA LINK” and totally denies any misrepresentation or passing off as alleged or at all. Any proceeding filed against our Client will be strenuously defended at your client’s risk as at costs and all attendant consequence thereof.

Hamilton, Harrison & Mathews (Daniel Wanjau Muriu)

ALSO READ: Pesa Link US protest letter to Pesa Link Kenya

 

 

 

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