For the purposes of the provisions of article 135 of this Law, words or expressions of
common use by consumers and technical words or expressions that pertain to the field to
which the goods and services belong shall be deemed as not having distinctive capability.
Article 139: A mark not validly registered
A mark can not be validly registered if the application has been made in bad faith or where the
sign, if registered, would serve unfair competition purposes.
Notwithstanding the provisions of article 135 of this Law, the Minister, or where appropriate,
the competent tribunal shall have the authority to decide whether a mark has acquired
secondary meaning or distinctiveness through continued use. In that event the mark shall be
registrable.
For the purposes of the article 136 of this Law, the Minister may determine requirements to be
fulfilled by a well known trademark in the Republic of Rwanda or for registration of marks
that are identical or nearly resemble each other in respect of the same goods or services by
more than one owner.
Article 140: Matter excluded from registration as mark
It is prohibited to any person to adopt, in relation with products or services, a trade or service
mark which:
1° is contrary to public order or to morality;
2° reproduces, imitates or contains among its features a coat of arms or armorial bearing,
flags or other emblems, a name or abbreviation or initials of the name of, official sign or
hallmark and guarantee of a State or intergovernmental organization set up by an
international convention, unless authorization is given by the empowered authority of this
State or organization.
SECTION 2: ACQUISITION OF THE EXCLUSIVE RIGHT TO A MARK
Article 141: Right to the mark
The exclusive right to a mark conferred by this Law shall be acquired by means of
registration, in accordance with the provisions thereof.
SECTION 3: APPLICATION FOR REGISTRATION
Article 142: Filing the application
The application for registration of a mark shall be filed with the empowered authority. It shall
contain the following:
1° a request for registration of the mark;
2° a reproduction of the mark;