Barclays Bank of Kenya, in response to ABSA Kenya Limited’s suit, says the firm’s claims are malicious and that it has also registered the name for use in Kenya.
The bank says ABSA Bank Limited (South Africa), a sister company was applied for registration of the name with the Registrar of Trademarks and the application was approved on 20 September 2016.
The bank is of the opinion that there is no conflict between the two firms for using the same name since they attained use under different categories.
“While the plaintiff has registered its trademark ABSA, the registration is in class 16 for letterheads, stationery, complimentary slips, business cards and printing matters. On the other hand, the defendant’s trademark registration is in class 36 for insurance, financial, monetary, and real estate affairs,” Barclays Bank says.
The bank further states that there are at least 12 other companies that have the word Absa in their corporate names, therefore, ABSA Kenya Ltd should not ask for exclusive use. Additionally, Barclays says the name has been used by ABSA Group for more than 26 years and that it stands for Amalgamated Banks of South Africa.
ABSA Kenya took Barclays to court on the grounds that it had incurred huge financial losses as clients cancel transactions due to the massive campaign the bank has been carrying out regarding the impending change of name to ABSA. The firm also said that the similar names have been causing confusion among its clients.