Uganda Case Law

Krystalline Salt Limited v S.D.T Group of Companies (Trademark Application 40233 of 2009)

Krystalline Salt Limited v S.D.T Group of Companies (Trademark Application 40233 of 2009) [2024] UGRSB 5 (2 May 2024)

Court

Uganda Registration Services Bureau

Case number

Trademark Application 40233 of 2009

Judge

Birungi Denis - Senior Registration Officer

The applicant's "JJABARI" trademark is visually, phonetically, and conceptually similar to the opponent's registered "HABARI" trademark. Both marks feature nearly identical design elements, including coconut trees and birds, and the words are placed similarly. The goods covered by both marks are identical. The minor differences in lettering and small design elements do not sufficiently distinguish the marks. Applying the statutory prohibition under section 25 of the Trademarks Act, 2010, and established judicial tests for likelihood of confusion, the Registrar finds that the applicant's mark…

Source excerpt

• Trademark Similarity
• Likelihood Of Confusion
• Visual And Phonetic Comparison
• Distinctiveness Of Marks
• Fair Competition
• Registration Prohibition

United Breweries Limited v Rest Club One Limited

United Breweries Limited v Rest Club One Limited (Civil Suit 477 of 2020) [2023] UGCommC 98 (24 February 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 477 of 2020

Judge

Abinyo, J

The High Court dismissed a trademark infringement and passing off suit over CLUB 5 and CLUB One Premium Gin, finding no likelihood of confusion and no proven damage.

• Trademark Infringement
• Passing Off
• Likelihood Of Confusion
• Distinctiveness Of Marks
• Trademark-infringement
• Passing-off

In Re: of an Appliaction for Registration of a Trade Mark, No 24 of 1929 by the Firestone Tire and Rubber Co. of Ohio, U.S.A.; In Re: of the Registration of Trade Marks Ordinance Chapter 89 Revised Edition of he Laws of Kenya, Section 7, Subsection 5. (C.C. 184/1929 (Msa))

In Re: of an Appliaction for Registration of a Trade Mark, No 24 of 1929 by the Firestone Tire and Rubber Co. of Ohio, U.S.A.; In Re: of the Registration of Trade Marks Ordinance Chapter 89 Revised Edition of he Laws of Kenya, Section 7, Subsection 5. (C.C. 184/1929 (Msa)) [1929] EACA 60 (1 January 1929)

Court

East African Court of Appeal

Case number

C.C. 184/1929 (Msa)

Judge

Thomas, J. (Kenya)

The court held that limited but growing use of “Gum-Dipped” in Kenya could support distinctiveness for trade mark registration in a young colony.

• Trade Mark Registration
• Distinctiveness Of Marks
• User Requirement
• Trade Mark Law Kenya
• Trade-mark-registration
• Trade-mark-distinctiveness