East African Roofing Systems Limited v Metal Wood Industries Limited (Trademark Application 72822 of 2021) [2024] UGRSB 2 (7 February 2024)
Court
Uganda Registration Services Bureau
Case number
Trademark Application 72822 of 2021
Judge
Birungi Denis - Senior Registration Officer
The Registrar dismissed an opposition to the CROCODILE trademark applications, holding that the marks were not similar and that trade dress or passing off issues were outside the Registrar’s jurisdiction.
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)
Court
Uganda Registration Services Bureau
Case number
Trademark Application 67455 of 2020
Judge
Rukundo Sarah - Senior Registration Officer
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…
Procter & Gamble Company v Momeasy Enterprises Limited (Trademark Application 73609 of 2021) [2023] UGRSB 11 (24 October 2023)
Court
Uganda Registration Services Bureau
Case number
Trademark Application 73609 of 2021
Judge
Birungi Denis - Senior Registration Officer
The Registrar found that the applicant's marks, when assessed as a whole, are visually and phonetically distinguishable from the opponent's marks. The resemblance between the applicant's stylized 'M' and the opponent's heart-rayed device was not sufficient to create a likelihood of confusion, especially considering the color combinations and overall presentation. The goods, while both targeting baby care, fall into different NICE classes and serve different purposes, further reducing the risk of confusion. The applicant's mark was found to be sufficiently distinctive and not descriptive or co…
V.G Keshwala & Sons Limited v Nintendo Company Limited (Trademark Registration 56916 of 2016) [2023] UGRSB 12 (23 August 2023)
Court
Uganda Registration Services Bureau
Case number
Trademark Registration 56916 of 2016
Judge
Nyangoma Maria - Manager Trademarks and Geographical Indications
The opposition to registration of the mark POKEMON succeeded. The registrar found Nintendo had standing, the marks were identical, and registration would confuse consumers.
Wave Intellectual Property Inc. v Agaba (Trademark Application 74413 of 2022) [2023] UGRSB 10 (7 June 2023)
Court
Uganda Registration Services Bureau
Case number
Trademark Application 74413 of 2022
Judge
Agaba Gilbert - Director Intellectual Property
The Registrar found that the applicant's 'Wave Express' mark is confusingly similar to the opponent's 'Wave' mark, particularly due to the dominant 'wave' element and phonetic similarity, which is likely to cause confusion among consumers in class 36 services. Although the opponent's mark is not registered in Uganda, it is registered in the United Kingdom and other jurisdictions, and the opponent provided an undertaking to register in Uganda as required by section 44(3)(b) of the Trademarks Act. The applicant failed to show prior use or application before the opponent's registration in the co…
Liberty (ICD) Limited v Liberty Group Limited (Trademark Application 59775 of 2017) [2020] UGRSB 1 (12 March 2020)
Court
Uganda Registration Services Bureau
Case number
Trademark Application 59775 of 2017
Judge
Nyangoma Maria - Manager Trademarks and Geographical Indications
The Assistant Registrar dismissed an opposition to the mark LIBERTY (ICD) LTD, finding no likely confusion with LIBERTY and allowing registration with a service limitation.
Delight Auto Co. Limited v Delight Co. Limited (Trademark Application 56975 of 2016) [2019] UGRSB 1 (15 June 2019)
Court
Uganda Registration Services Bureau
Case number
Trademark Application 56975 of 2016
Judge
Agaba Gilbert - Director Intellectual Property
The opposition to registration of DELIGHTS AUTOMART failed. The registrar found the mark registrable, subject to disclaimer of “AUTOMART” and payment of fees.
Essaji v Karachiwalla Limited (C.A. 8/1936.) [1936] EACA 63 (1 January 1936)
Court
East African Court of Appeal
Case number
C.A. 8/1936.
Judge
Law, C.J (Zanzibar), Sheridan CJ, Webb, J
The Court of Appeal allowed the appeal, holding that the appellant could trade under his own name, which he had long been known by, and that passing-off was not proved.
