Uganda Case Law

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)

Court

Uganda Registration Services Bureau

Case number

032264 ; 043533 ; Trademark Registration 45697 of 2024

Judge

Birungi Denis - Senior Registration Officer

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

Mandella Millers Limited v Dembe Enterprises Limited & Another (Trademark Registration 29770 of 2021)

Mandella Millers Limited v Dembe Enterprises Limited & Another (Trademark Registration 29770 of 2021) [2024] UGRSB 16 (17 July 2024)

Court

Uganda Registration Services Bureau

Case number

Trademark Registration 29770 of 2021

Judge

Birungi Denis - Senior Registration Officer

The Applicant established that it is an aggrieved party, having been prevented from registering its own 'SUPREME' trademarks due to the Respondent's mark. The Applicant provided credible evidence of non-use by the Respondent for a continuous period of three years and one month prior to the application, shifting the burden to the Respondent to prove bona fide use. The Respondent failed to discharge this burden, as it did not file a statutory declaration or sufficient evidence of use within the relevant period. The assignment to the Third party was only in respect of rice, but the Office errone…

Source excerpt

• Trademark Cancellation
• Non Use Of Trademark
• Assignment Of Trademark
• Rectification Of Register
• Procedural Timelines
• Burden Of Proof

Crocs Distributors Limited v Crocodile International (PTE) Limited

Crocs Distributors Limited v Crocodile International (PTE) Limited (Miscellaneous Cause 67 of 2022) [2024] UGCommC 94 (30 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 67 of 2022

Judge

Mutesi, J

The High Court ordered cancellation of the CROCODILE trademark in class 16 after finding no bona fide use in Uganda for over 23 years, but declined an injunction.

• Trademark Cancellation
• Non Use Of Trademark
• Bad Faith Registration
• Trademark Injunctions
• Trademark-cancellation
• Non-use-of-trademark

Rani Refreshments FZCO v Akaba Investments Limited (Trademark Application 29459 of 2020)

Rani Refreshments FZCO v Akaba Investments Limited (Trademark Application 29459 of 2020) [2023] UGRSB 6 (15 March 2023)

Court

Uganda Registration Services Bureau

Case number

Trademark Application 29459 of 2020

Judge

Birungi Denis - Senior Registration Officer

The applicant established, through unrebutted documentary and investigative evidence, that the respondent has not made bona fide use of the 'RANI JUICE' trademark in Uganda since its registration in 2007. The respondent failed to participate or provide any evidence of use, despite being served and having knowledge of the proceedings. The company registry search corroborated the lack of trading activity, indicating dormancy. Under section 46(1)(b) of the Trademarks Act, 2010, a trademark may be cancelled if there is no bona fide use for a continuous period of three years prior to the applicati…

Source excerpt

• Trademark Cancellation
• Non Use
• Well Known Marks
• Paris Convention Protection