Uganda Young Men's Christian Association v The World Alliance of Young Men's Christian Associations (Trademark Application 67455 of 2020)
Uganda Young Men's Christian Association v The World Alliance of Young Men's Christian Associations (Trademark Application 67455 of 2020) [2023] UGRSB 3 (1 December 2023)
The Applicant filed for the disputed mark before the Opponent registered its mark in Uganda, and at the time of filing, no confusingly similar mark existed on the register. Trademark rights are territorial, and the Opponent's registration in Switzerland does not automatically confer rights in Uganda. Section 44 of the Trademarks Act protects marks registered in the country of origin only if the Opponent meets all statutory criteria, including that the Applicant has not used the mark continuously prior to the Opponent's registration in the country of origin. The Applicant demonstrated continuo…
Source excerpt
- Trademark Registration
- Territoriality Of Rights
- Well Known Marks
- Country Of Origin Protection
- Distinctiveness
- Continuous Use Exception