The recent Kenyan High Court decision of Fibrelink Limited v Star Television Productions Limited is important. This is because it confirms that it is possible to oppose a trade mark application in Kenya on the basis of a common law or unregistered mark. The basis for such an opposition will be Section 14 of the Kenyan Trade Marks Act, which reads as follows: “No person shall register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.”