Act 8
(f)
(g)
(h)
Geographical Indications Act
2013
a name which conflicts with the name of a plant variety or
an animal breed and as a result is likely to mislead the
consumer as to the origin of the product;
a name where, in the light of a trademark’s reputation and
renown and the length of time it has been used,
registration is liable to mislead the consumer as to the true
identity of the product.
a name that has become generic.
(2) For the purposes of sub section(5)1(h), ‘a name that has
become generic’ means the name of a product which, although it
relates to the place or the region where the product was originally
produced or marketed, has become the common name of the product
in Uganda.
(3) A name wholly or partially homonymous with that of a name
already registered under this Act may be registered with due regard
for local and traditional usage and the actual risk of confusion.
(4) For purposes of this section, “a homonymous name” means
a name for a different region or locality that is spelt or pronounced in
the same way as a name already registered as a geographical
indication.
(5) Notwithstanding sub-section(3)—
(a)
a homonymous name which misleads the consumer into
believing that products come from another region or
locality shall not be registered even if the name is accurate
as far as the actual place of origin of the product is
concerned;
(b)
the use of a registered homonymous name shall be subject
to there being a sufficient distinction in practice between
the homonym registered subsequently and the name
already on the register, having regard to the need to treat
the producers concerned in an equitable manner and not to
mislead the consumer.
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