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Citation
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Judgment date
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| July 2024 |
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16 July 2024 |
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4 July 2024 |
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3 July 2024 |
| June 2024 |
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21 June 2024 |
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12 June 2024 |
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11 June 2024 |
| May 2024 |
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Applied-for JJABARI refused due to confusing similarity with registered HABARI for identical Class 30 goods.
Trade mark law – Section 25 Trademarks Act – prohibition of registration of identical or nearly resembling marks – likelihood of confusion. Similarity assessment – visual, aural and conceptual comparison; overall impression test (Pianotist/Canon). Same goods (Class 30) increases risk of confusion. Procedural – opposition pursued despite applicant’s non‑participation; decision on papers and counterstatement.
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2 May 2024 |
| April 2024 |
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18 April 2024 |
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17 April 2024 |
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16 April 2024 |
| March 2024 |
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1 March 2024 |
| February 2024 |
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8 February 2024 |
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Registrar dismisses opposition: background colour/trade dress alone cannot ground refusal; passing off is for the courts.
Trademarks – similarity and likelihood of confusion – background colour/trade dress alone insufficient to establish confusion without mark/goods similarity. Trademarks – jurisdiction – Registrar’s jurisdiction in opposition proceedings limited to statutory grounds under the Trademarks Act; passing off and market-use disputes are for the courts. Trademarks – bad faith – must be specifically pleaded and proved to refuse registration.
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7 February 2024 |
| January 2024 |
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17 January 2024 |
| December 2023 |
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13 December 2023 |
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1 December 2023 |
| November 2023 |
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30 November 2023 |
| October 2023 |
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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
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18 October 2023 |
| September 2023 |
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8 September 2023 |
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6 September 2023 |
| August 2023 |
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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.
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23 August 2023 |
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11 August 2023 |
| July 2023 |
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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.
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14 July 2023 |
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5 July 2023 |
| June 2023 |
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15 June 2023 |
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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.
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7 June 2023 |
| March 2023 |
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15 March 2023 |
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3 March 2023 |
| February 2023 |
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28 February 2023 |
| January 2023 |
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25 January 2023 |
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20 January 2023 |
| November 2021 |
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17 November 2021 |
| February 2021 |
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15 February 2021 |
| March 2020 |
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12 March 2020 |
| July 2019 |
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31 July 2019 |
| June 2019 |
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15 June 2019 |
| February 2017 |
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14 February 2017 |
| February 2013 |
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Copyright Law—derivative works—originality—traditional folklore—adaptation—modern expression—"You Want Another Rap"—Copyright and Neighbouring Rights Act, 2006—folklore in the public domain—no monopoly on cultural heritage—application granted
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14 February 2013 |