Justice Patience Rubagumya of the Commercial Division of the High Court has directed with immediate effect the directors of Crane Papers limited to stop using the word diamond and its symbol on all their stationery products.
The decision resulted from the appeal filed by the paper company challenging the decision of the Assistant Registrar of the Uganda Registration Service Bureau (URSB) who declared that the paper company violated Keshwala and sons trademark registered in 2016.
According to court record, crane paper registered its diamond trade mark to be used on its products like ream papers and other stationary products in 2024 which was challenged by Keshwala and sons who insisted that the registration of the trade mark violated his trademark which he registered earlier.
The presiding Assistant Registrar Denis Birungi declared that crane paper trademark was registered in error and ordered them to pay costs and cease using the trade mark on its products which they challenged at the High Court.
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In an affidavit, Nimisha Chandubhai Patel the crane paper director insists that Keshwala and sons have not been using the trade mark until 2024 when they registered it and started using it on their products that dominated the market.
According to court documents, on 31st December 2024, Crane paper placed an advert in the newspaper warning Keshwala and sons and others to stop using its trade mark on their products and a warning letter threatening to take legal action was also delivered to them.
Through their lawyers led by Robert Kagoro, Keshwala and sons told court that it is undisputed that they registered this trademark under number 63535 “DIAMOND” and a diamond device on 29th November, 2016 in class 16 and that on 14th August, 2024, crane paper also registered its trademark number UG/T/2024/83036 in class 16 which also includes the word “DIAMOND” and a diamond device.
“ It is also undisputed that the Respondent’s trademark is in respect of paper, cardboard and goods made from materials not included in other classes; printed material; book binding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type and printing blocks,” court documents read.
They further indicated that Crane paper trademark is in respect of reams of paper, exercise books and
stationery but they were shocked with the newspaper advert an argument which the judge agreed with.
“In light of the above, I find that the Assistant Registrar of Trademarks rightly applied the governing principles and rightly exercised his discretion when he awarded the costs of the application to the Respondent. In the premises, the appeal fails and the ruling of the Assistant Registrar of Trademarks, Birungi Denis, vide an application for cancellation or removal of a trademark No.UG/T/2024/83036 delivered on 14th October, 2025, is hereby upheld,” the judge stated.
