Wave Intellectual Property Inc. v Agaba (Trademark Application 74413 of 2022)
Wave Intellectual Property Inc. v Agaba (Trademark Application 74413 of 2022) [2023] UGRSB 10 (7 June 2023)
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…
Source excerpt
- Trademark Registration
- Opposition Proceedings
- Well Known Marks
- Territoriality Principle
- Paris Convention
- Distinctiveness