Elite Gold Limited v Indo-Bali Distributors Limited (032264; 043533; Trademark Registration 45697 of 2024)
Elite Gold Limited v Indo-Bali Distributors Limited (032264; 043533; Trademark Registration 45697 of 2024) [2025] UGRSB 6 (1 April 2025)
The Registrar found that jurisdiction to cancel trademarks based on prior foreign registration under section 45 of the Trademarks Act lies exclusively with the High Court, not the Registrar. The applicant failed to prove fraud or bad faith by the Respondent in registering the disputed trademarks. The Respondent's actions were consistent with the principle of territoriality, as the applicant had no trademark protection in Uganda at the time of registration. The applicant's allegations of fraud and bad faith were not sufficiently particularized or supported by evidence. The Registrar concluded…
Source excerpt
- Trademark Registration
- Bad Faith In Trademark
- Fraud In Trademark Registration
- Territoriality Principle
- Trademark Cancellation
- Registrar Jurisdiction