Officials of Kenya Bankers Association at a past event
We refer to the above matter in which we act for integrated Payment Services Limited (our “Client “). Our client has provided us with a copy of your letter dated 10th March 2017 with instructions to respond as follows:
Our client has no knowledge of and denies your client’s allegation regarding your client’s country of incorporation and business. More specifically, our client denies that your client has used or has any right to use the mark “PESA LINK” as alleged or at all
Our Client also denied that it has made any inconsiderate use of the mark “PESA LINK” as alleged or at all.
Our client further denies that it has made any misrepresentation or that it has passed off its product as being related to and/or endorsed by your client with the intention of misleading your client’s consumers and the general public as alleged or at all
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)