Wakilii

L'Oreal and Anor v Interconsumer Products Ltd (HCT-00-CC-CA 13 of 2006)

High Court · [2007] UGCOMMC 54 · 2007 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of the Registrar of Trademarks setting aside trademark opposition proceedings
Decision
Opposition proceedings reinstated; registrations cancelled pending fresh hearing by the Registrar

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Registrar of Trademarks erred in setting aside trademark opposition proceedings without first deciding the appellants' pending application for extension of time. By hearing only the respondent's application to set aside opposition without notifying or hearing the appellants, the Registrar violated the rules of natural justice. The Registrar must first entertain and decide applications for extension of time on their merits before proceeding to set aside opposition proceedings.

Outcome

Opposition proceedings reinstated; registrations cancelled pending fresh hearing by the Registrar

Facts

The respondent applied to the Registrar of Trademarks for registration of two trademarks, SMOOTH & LOVELY (no. 28097) and NICE and LOVELY (no. 28192), on or about 4 October 2005. The appellants commenced opposition proceedings after the applications were advertised. The respondent filed counter statements. The appellants then applied for extension of time to gather evidence and file statutory declarations. Without responding to the appellants' extension applications, the Registrar, on application by the respondent, set aside the opposition proceedings and granted registration of the trademarks. The respondent's application to set aside opposition had not been copied to the appellants' counsel. An earlier application for extension of time by the appellants dated 25 April 2006 was already on record when the Registrar made his decision on 18 September 2006.

Issues

  1. Whether the Registrar of Trademarks erred in setting aside opposition proceedings without first deciding the appellants' pending applications for extension of time.
  2. Whether the Registrar violated the rules of natural justice by hearing the respondent's application without notifying or hearing the appellants.

Orders

  • Appeal allowed.
  • Opposition proceedings reinstated.
  • Registration of trademarks 'SMOOTH & LOVELY' (no. 28097) and 'NICE and LOVELY' (no. 28192) cancelled.
  • Registrar directed to hear appellants' applications for extension of time for filing statutory declarations and thereafter proceed as the law directs.
  • Costs of the appeal awarded to the appellants.

Rules and key headnotes

Administrative Law — Natural Justice — Audi Alteram Partem — Duty to Hear Both Parties
An administrative tribunal violates the rules of natural justice when it hears an application by one party and makes a decision adverse to another party without notifying or hearing that other party, especially where the other party has a pending application before the tribunal.
Intellectual Property — Trademarks — Opposition Proceedings — Extension of Time
Where an application for extension of time to file statutory declarations in trademark opposition proceedings is pending before the Registrar, the Registrar must first entertain and decide that application on its merits before proceeding to set aside the opposition proceedings for non-compliance with time limits.
Administrative Law — Judicial Review — Decisions — Quality of Reasons
An administrative decision that makes no specific findings of fact and refers to rules in the most general manner without specifying what rule is being referred to or what rule was offended is unsatisfactory and may be set aside on appeal.
Intellectual Property — Trademarks — Powers of Registrar — Extension of Time
The Registrar of Trademarks has power under Rule 101 of the Trademark Rules to grant extension of time in appropriate cases, but the Registrar may be entitled to find that an application for extension has no merit only after hearing and deciding the application.

Legislation cited (2)

  • Trademark Act s.20(7)
  • Trademark Rules r.101

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

L'Oreal and Anor v Interconsumer Products Ltd (HCT-00-CC-CA 13 of 2006) [2007] UGCommC 54 (30 May 2007)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.