Editor, Reference is made to the article, “Tanzanian investor to challenge court ruling in trademark dispute” (The New Times, February 23). It is quite possible, indeed even probable, that Bakhresa Group registered the Azania trademark in Rwanda in order to throw a wrench in future expansion plans into the Rwandan market of their fellow Tanzanian rival and bitter competitor Mikoani Limited. But trademarks are valid only where they are registered. Registrars in other countries have no business enforcing rights to trademarks, commercial logos or other signs and symbols that are unregistered on their territory. That is wholly and solely the responsibility of the person or entity wishing to have the exclusive right to that trademark in a given country. Thus Mikoani should have moved immediately to register the Azania name as its exclusive trademark in this country the moment they started doing business in Rwanda, even if initially only through export of their branded products. Now they have only themselves to blame for carelessly letting their competitor foreclose on that chance. Mikoani should perhaps take a lesson on competition and competitors from Ray Kroc, the legendary founder of McDonald’s, who famously said that if any of his competitors were drowning, he’d stick a hose in their mouth and turn on the water. The two companies should stop looking for scapegoats (a common tendency of the weak and frequently also sore losers). They should instead explore how to operate here with new brands and perhaps also find their own way of getting back at their competitor. And most importantly, learn from this debacle. Mwene Kalinda
