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Megha Industries (U) Limited v Royal Mabati Uganda Limited (Trademark Application 59819 of 2017)

Tribunal · [2024] UGRSB 4 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for cancellation of trademark registration before the Assistant Registrar of Trademarks
Decision
Application dismissed for lack of locus standi and want of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Assistant Registrar held that the applicant lacked locus standi to bring the cancellation application because it sued in its own name rather than in the name of the partnership firm that owned the trademark, and failed to demonstrate authority or intention to bind the firm. The Registrar further held that the tribunal lacked subject matter jurisdiction to determine trademark infringement disputes, as such matters fall within the exclusive jurisdiction of the High Court under the Trademarks Act 2010. The application was dismissed with costs.

Outcome

Application dismissed for lack of locus standi and want of jurisdiction

Facts

Megha Industries (U) Ltd applied to cancel Royal Mabati Uganda Ltd's trademark registration No. UG/T/2017/059819 for "RML" and crown device in class 35 (advertising services). The applicant claimed to be the registered proprietor of trademark No. UG/T/2007/030004 in class 6 (steel products), but the register showed that trademark was owned by Royal Steel, a partnership in which the applicant was a corporate partner alongside two individual partners. The applicant alleged that the respondent was using its class 35 trademark in the business of manufacturing and selling steel products, thereby infringing the applicant's rights. The Registrar raised preliminary issues concerning the applicant's locus standi to bring the proceedings and the tribunal's jurisdiction to determine infringement disputes. The applicant argued it had authority to act on behalf of the partnership under the Partnerships Act. The respondent contended the applicant lacked standing to sue alone.

Issues

  1. Whether the applicant, as a corporate partner in a partnership that owns a trademark, has locus standi to bring cancellation proceedings in its own name.
  2. Whether the Registrar of Trademarks has jurisdiction to determine trademark infringement disputes arising from the manner in which a registered trademark is used.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Trademarks — Locus Standi — Partnership Ownership — Corporate Partner Suing in Own Name
Where a trademark is registered in the name of a partnership firm, a corporate partner cannot bring cancellation proceedings in its own name without demonstrating express authority to act on behalf of the firm or stating an intention to bind the firm, notwithstanding that under the Partnerships Act every partner is an agent of the firm.
Trademarks — Registration — Partnership as Proprietor — Irregularity
Registering a business name or partnership firm as the owner of a trademark is irregular under the Trademarks Act 2010, as the Act contemplates that only natural persons or juristic entities (legal persons) may apply for and acquire trademark rights; a partnership not being a legal person in Uganda, the trademark should be registered either in the names of all partners trading as the firm or in the name of a corporate partner.
Trademarks — Partnerships — Authority to Act — Intention to Bind Firm
Under section 6 of the Partnerships Act, an act or instrument relating to the business of the firm binds the firm and all partners only if done in the firm name or in a manner showing an intention to bind the firm; where a corporate partner files proceedings in its own name and the resolution and power of attorney use possessive language suggesting the partner assumed it was the registered owner, there is no demonstrated intention to bind the firm.
Trademarks — Registrar's Jurisdiction — Infringement Disputes — Subject Matter Jurisdiction
The Registrar of Trademarks has no jurisdiction to determine whether the manner in which one trademark owner uses its trademark infringes another trademark owner's rights; the Trademarks Act 2010 clearly demarcates the Registrar's jurisdiction to specific matters including removal for non-use, rectification, and correction, while civil remedies for infringement and criminal prosecution of infringers fall within the exclusive jurisdiction of the High Court.
Jurisdiction — Subject Matter Jurisdiction — Statutory Tribunals — Ultra Vires Acts
Jurisdiction is a creature of statute and cannot be conferred by consent, complacency of the parties, or acquiescence of the hearing officer; where a jurisdictional issue comes to the attention of a hearing officer, the officer has an obligation to investigate it, as exercising jurisdiction not conferred by statute is a usurpation of powers and any decision taken without jurisdiction is null and void.

Legislation cited (13)

Cases cited (7)

  • Primer v Bakayana and 4 Others (Civil Suit No. 319 of 2019)
  • Digital Displays Ltd v Tim Construction Company Ltd and 3 Others (Civil Suit No. 21 of 2015)
  • Democratic Governance Facility v Uganda Youth Network and 4 Others (Civil Suit No. 954 of 2020)
  • Owners of the Motor Vessel Lillian S v Caltex Oil (Kenya) Ltd [1989] KLR 1
  • Desai v Warsama [1967] 1 EA 351
  • Ozuu Brothers Enterprises v Ayikoru (Civil Revision No. 2 of 2016)
  • A.G of Lagos State v Dosunmu (1989) 3 NWLR pt.111, pg. 552 S C

Full judgment

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

Megha Industries (U) Limited v Royal Mabati Uganda Limited (Trademark Application 59819 of 2017) 2024 UGRSB 4 (17 January 2024)
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.