Wakilii

Paul Ampurire and Vigaras UG Limited v Kazibwe Ronald (Trademark Application No. UG T 2022 075575)

Tribunal · [2025] UGRSB 21 · 2025 Opposition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Opposition to trademark registration filed by opponents after their own application was rejected
Decision
Opposition dismissed; applicant directed to complete registration within 14 days or application will be deemed abandoned

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The tribunal dismissed the opposition as premature because it was filed before the trademark application was published in the gazette, as required by section 12(1) of the Trademarks Act and regulation 28 of the Trademark Regulations 2023. The tribunal further held that the opponents lacked a cause of action because the first opponent suggested the mark while employed by Comedy Store Uganda Ltd, and any rights would vest in the employer, not the employee. The tribunal issued a non-completion notice directing the applicant to complete registration within 14 days or face abandonment of the application.

Outcome

Opposition dismissed; applicant directed to complete registration within 14 days or application will be deemed abandoned

Facts

The applicant filed trademark application No. UG/T/2022/075575 on 26 May 2022 seeking to register the mark STRESS CLINIC for services in class 41. The opponents filed an opposition on 14 December 2023 after their own application for the same mark was rejected. The first opponent claimed he originated the phrase STRESS CLINIC in 2021 during management meetings for Comedy Store Uganda Ltd, where he was employed as manager. The opponents alleged the applicant filed the application in bad faith. The applicant claimed he originated the phrase and that the opponents were plagiarizing it. The tribunal noted that the opposed application had not been published in the gazette, and the opponents only learned of it through an examination report rejecting their own application. The first opponent admitted that STRESS CLINIC was a Comedy Store Ltd project and that he suggested the name during a work meeting.

Issues

  1. Whether the Applicant filed for the registration of the opposed mark in bad faith.
  2. Whether an opposition can be filed when a trademark application has not been published in the gazette.
  3. Whether the opponents had a cause of action to oppose the trademark registration.

Orders

  • The opposition is dismissed.
  • A non-completion notice is hereby issued against the Applicant directing him to take relevant steps towards registration of trademark application number 075575 within 14 days from the date of this ruling, failure of which, the Registrar shall deem the application abandoned.
  • Each party shall bear its own costs.

Rules and key headnotes

Trademark Opposition — Requirement of Publication in Gazette
An opposition to trademark registration can only be filed after the application has been published in the gazette, as required by section 12(1) of the Trademarks Act Cap 225 and regulation 28 of the Trademark Regulations 2023, which prescribes a sixty-day period from the date of publication within which to file opposition.
Trademark Opposition — Premature Opposition
An opposition filed before publication of the trademark application in the gazette is premature and cannot be entertained by the tribunal, as the prescribed procedure requires publication before opposition can be filed.
Trademark Registration — Non-Completion Procedure
Where an applicant fails to complete trademark registration within twelve months from the date of application, an interested party may invoke the Registrar's powers under section 16(3) of the Trademarks Act and regulation 40 of the Trademark Regulations to issue a non-completion notice, which may result in the application being deemed abandoned if not completed within the specified time.
Trademark Ownership — Works Created in Course of Employment
Where an employee suggests or creates a trademark in the course of employment, the rights to that mark vest in the employer and not the employee, absent a contract to the contrary, consistent with the principles applicable to commissioned works under section 7 of the Copyright and Neighboring Rights Act Cap 222 and section 19 of the Industrial Property Act Cap 72.
Trademark Registration — Requirement of Use or Intention to Use
Ownership of a trademark for purposes of registration is based on either use or intention to use the mark in commerce, not merely on designing or proposing the mark, as section 7 of the Trademarks Act requires an applicant to be the owner of a trademark used or proposed to be used.

Legislation cited (9)

Cases cited (6)

  • Makula International v His Eminence Cardinal Nsubuga and Another (1982 HCB)
  • Liberty Group ltd v Liberty ICD ltd, application for cancellation of trademark no. 47160
  • Kawuki Mathius v Commissioner General Uganda Revenue Authority (Misc. Cause No. 14 of 2014)
  • R v Chief Constable of the Merseyside Police, ex parte Calveley and others [1986] 1 All ER 257
  • Ashmore v Corp of Lloyd's [1992] 2 All ER 486 House of Lords
  • Michael Penhallurick v MD5 Limited [2021] EWHC 292

Full judgment

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

Paul Ampurire and Vigaras UG Limited v Kazibwe Ronald (Trademark Application No. UG T 2022 075575) [2025] UGRSB 21 (12 September 2025)
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.