Uganda Registration Services Bureau - 2023

18 judgments
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18 judgments
Citation
Judgment date
December 2023
13 December 2023
1 December 2023
November 2023
30 November 2023
October 2023
24 October 2023

Copyright – Authorship – Originality – Reduction into Material Form – Commissioned Works – Derivative Works – Infringement – Silhouette Image – Political Campaign Slogans – “Omalako Jajja Tova Ku Main Sigala Ku Ballot: Jajja We Command You to Stand Again in 2026 & Beyond: Bazzukulu ba Museveni” – Admissibility of Additional Evidence – Amendment of Pleadings – Civil Procedure – Image Rights – Burden of Proof – Locus Standi

18 October 2023
September 2023
8 September 2023
6 September 2023
August 2023
A foreign well‑known trademark permits the opponent to successfully oppose the applicant's identical registration.
Trade marks — Opposition — Protection of well‑known foreign marks under s.44 Trademarks Act 2010 and Paris Convention — Distinctiveness and reputation — Likelihood of confusion from identical/near‑identical marks — Requirement to apply for local registration (s.44(3)(b)) — Applicant’s lack of prior use in Uganda.
23 August 2023
11 August 2023
July 2023
Applicant’s earlier filing did not justify cancellation; registrar ordered conditioned concurrent use due to applicant’s delay and respondent’s bona fide registration.
Trademarks Act — priority of filing vs. completion of registration; cancellation under section 88; concurrent use under section 27; domestic application of Article 6bis; registrar’s discretion and equitable considerations; bad faith and duty to search.
14 July 2023
5 July 2023
June 2023
15 June 2023
A foreign earlier registration may bar a similar local application if section 44's similarity, priority and reciprocity requirements are met.
Trade marks – similarity and likelihood of confusion – dominant element analysis (visual, aural, conceptual). Section 44 Trademarks Act 2010 – protection against registration of marks registered in country/place of origin; requirements under subsections (2),(3) and reciprocity under (4). Paris Convention Article 6bis – well‑known marks and limits of domestic incorporation; defensive registration under section 47. Territoriality vs universality in trademark protection; undertaking to register and effect of prior foreign registration.
7 June 2023
March 2023
15 March 2023
3 March 2023
February 2023
28 February 2023
January 2023
25 January 2023
20 January 2023