Lynette Africa Kukunda the Assistant Registrar of Trademarks at Uganda Registration Service Bureau (URSB) has dismissed the claim filed by Uganda Exim Bank Limited protesting the operations of Uganda Exim Limited.
In their complaint, Exim Bank Uganda through their lawyers led by Raymond Ndyagambaki claim that the Exim Uganda Limited’s mark is similar to its registered marks noting that such similarity is likely to cause consumer confusion and dilute the distinctiveness and reputation of its marks.
Exim Uganda limited through their lawyers lead by Deborah Byamugisha challenged the complaint on ground that it was filed out of time and pleaded with the presiding official to dismisses it.
According to the Bureau’s records, on 30th of January, 2023 Uganda Exim Limited a company incorporated in Uganda applied for registration of the trademark “UgExim” in Class 35 in respect of export promotion services.
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The application was approved and a gazette notice was issued on 24th of July 2024 and Uganda Exim Bank Limited a company incorporated in Uganda filed a notice of opposition against the registration of the Applicant’s mark.
In their technicality, Exim Uganda limited told the presiding officer that the complaint was filed beyond the 60 days statutory deadline without seeking an extension as stated under Regulation 29 of the Trademarks Regulations, 2023.
Guided by the principal, the presiding officer made the computation of the 60 days starting from the actual date of publication of Exim Uganda Limited in the gazette as provided by Section 12(supra) and Regulation 28 (supra). Exim Uganda Limited was published in the Uganda Gazette Vol. CXVII No. 34 on 24th of May, 2024 and 60 days countdown for filing an opposition began on that same date of 24th May and in 2024 the deadline for filing an opposition was 22nd of July, 2024.
“The record indicates that the Opponent filed their notice of opposition on 24th July, 2024 which was two (2) days after the deadline had passed. I am also alive to the provisions of Section 96 of the Trademarks Act which provides that if the last day for leaving a document falls on a Sunday or a public holiday, then its lawful to do it the next day,” the presiding officer stated
She added however that the situation does not arise in the circumstances of the case before her noting that the last day for filing fell on a Monday.
She explained that indeed, it is the said principle that guides the Registry in computation of the 60 days from date of publication, after which, in absence of any opposition, the Applicant is entitled to registration of their mark.
She further revealed that she conducted a search on the register which revealed that the Opponent, Exim Bank Uganda Limited has never registered a trademark in respect of services under Class 35 or any other related goods/services as claim
“A litigant, especially an Opponent, should always bear in mind that it is their duty to provide all relevant facts and evidence to substantiate their claim, as the burden of proof primarily rests on them,” she concluded.
