Sanlam General Assurance Uganda Limited v ICEA General Insurance Company (U) Limited (Trademark Application 55973 of 2016)
Sanlam General Assurance Uganda Limited v ICEA General Insurance Company (U) Limited (Trademark Application 55973 of 2016) [2024] UGRSB 17 (23 July 2024)
The Registrar of Companies lacks jurisdiction to determine complaints based on alleged trademark infringement or passing off arising from a company's registered name. The Companies Act does not empower the Registrar to adjudicate on matters governed by the Trademarks Act or common law torts such as passing off. The applicant's complaint, which seeks to bar the respondent from using the word 'LION' in its name on grounds of trademark infringement and likelihood of confusion, falls outside the statutory mandate of the Registrar. The appropriate forum for such claims is the High Court, which has…
Source excerpt
- Company Names
- Trademark Infringement
- Passing Off
- Registrar Jurisdiction