Article 134: Registration requirements
A mark can be validly registered only if:
1° it is distinctive;
2° it is not confusing;
3° it is not misleading or deceptive; and if
4° it is not descriptive.
Article 135: A distinctive mark
A mark is distinctive if it allows, by nature, the products or services of one company for
which it is used to be distinguished from those of other companies.
Article 136: A confusing mark
A mark is confusing if:
1° it is identical with, or confusingly similar, to a trademark or trade name which is well
known in the Republic of Rwanda for identical or similar products of another company, or
constitutes a translation of this trademark or trade name, or if it is well known and is
registered in the Republic of Rwanda for products or services which are not identical or
similar to those for which registration of the trademark is requested provided that, in this
case, the use of this trademark in relation to those products or services indicates a link
between those products or services and the owner of the registered well known trademark,
and provided that this use is likely to damage the interests of the registered trademark
owner;
2° it is identical with or similar to a trademark belonging to another owner and which is
already registered, or the filing or priority date of which is earlier, for the same products
or services, or for very similar products or services, or if it so nearly resembles such a
trademark as to be likely to deceive or cause confusion. In the case of the use of an
identical sign for identical goods or services, a likelihood of confusion shall be presumed.
Article 137: A deceptive or misleading mark
A mark is deceptive or misleading if it is likely to mislead the public or those in commercial
circles, particular as regards the geographical origin, nature or characteristics of the products
or services under consideration.
Article 138: A descriptive mark
A mark is descriptive if it contains, among its components, essential characteristics of the
product or service under consideration.