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S T A T U T O R Y I N S T R U M E N T S
2018 No. 42.
THE GEOGRAPHICAL INDICATIONS REGULATIONS, 2018.
ARRANGEMENT OF REGULATIONS. Regulation
Part I—PrelImInary
1. Title 2. Interpretation
Part II—regIster of geograPhIcal IndIcatIons
3. Powers of registrar 4. Form of register 5. Content of register 6. Rectification of register 7. Inspection of register
Part III—regIstratIon of geograPhIcal IndIcatIons
8. Classification of goods 9. Homonymous indications
10. Geographical indications excluded from registration 11. Application for registration of geographical indication 12. Amendment or withdrawal of application 13. Examination of application 14. Publication of application 15. Objection to registration of application
STATUTORY INSTRUMENTS SUPPLEMENT No. 25 12th October, 2018
STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 52, Volume CXI, dated 12th October, 2018
Printed by UPPC, Entebbe, by Order of the Government.
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16. Notification of grant to register geographical indication 17. Notification of refusal to register geographical indication 18. Registration of geographical indication
Part IV—geograPhIcal IndIcatIon on the regIster
19. Renewal of registration 20. Removal from register and alteration of conditions 21. Intervention by third parties 22. Notification of grant for removal from register and alteration of
conditions 23. Notification of refusal for removal from register and alteration of
conditions 24. Invalidation of geographical indication 25. Transfer
Part V—aPPlIcatIons and notIfIcatIons to regIstra
26. Agent 27. Form of application to registrar 28. Fees
Part VI—mIscellaneous
29. Address for service 30. Review of registrar’s decision 31. Appeals to Court 32. Extension of time. 33. Offence and penalties
SCHEDULES
SCHEDULE 1—Forms
SCHEDULE 2—Fees
SCHEDULE— Classification of goods and services
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S T A T U T O R Y I N S T R U M E N T S
2018 No. 42.
The Geographical Indications Regulations, 2018 (Under section 27(1) of the Geographical Indications, Act, 2013,
Act 8 of 2013)
In exercIse of the powers conferred upon theMinister responsible for justice by section 27(1) of the Geographical Indications Act, 2013 these Regulations are made this 4th day of September, 2018.
Part I—PrelImInary
1. Title These Regulations may be cited as the Geographical Indications Regulations, 2018.
2. Interpretation In this Act, unless the context otherwise requires—
“Act” means the Geographical Indications, Act, 2013; “agent” means advocate of the High Court; “competent authority”means anyministry, department or agency
of the Government or local government; “owner” means a person who applies and is registered as such
for a Geographical Indication; “producer” has the meaning assigned to it in section 2 of theAct; “rectification” means correction, update or re-arrangement of
the register, or any document on the register; “register” means the register of geographical indications
maintained under section 7 of the Act; “registrar” means the registrar of geographical indications
designated under section 6 of the Act; “use” means use in any way, including without limitation, use
as part of or in connection with—
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(a) any transaction including a purchase, sale, gift or exchange;
(b) any importing or exporting; (c) any advertisement; or (d) any other related activity.
Part II—regIster of geograPhIcal IndIcatIons
3. Powers of the registrar (1) In the performance of the functions under the Act and these
Regulations, the registrar shall have the power to— (a) require compliance with the Act and these Regulations; (b) issue notices in accordance with the Act and these
Regulations; (c) register geographical indications under the Act and these
Regulations; (d) remove a geographical indication from the register; (e) decline to register a geographical indication or recall a
previously registered geographical indication; (f) call for information or seize records of a geographical
indication; (g) correct or amend the register; (h) certify copies or extracts of documents from the register; (i) exercise such powers under the Act.
(2) Notwithstanding subregulation (1), nothing shall limit or affect the powers of the registrar under the Act or these Regulations.
4. Form of register The register required to be kept by the registrar under section 7 of the Act, shall be maintained as an electronic database or in any other form that permits the information recorded or stored in the register to be readily inspected or reproduced in a usable form.
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5. Content of register (1) The register shall contain all the information required to be
registered under the Act or these Regulations.
(2) For the avoidance of doubt, the register for geographical indications shall contain—
(a) the filing date and application number of the application; (b) the name, address and nationality of the applicant, and the
capacity inwhich the applicant is applying for registration; (c) the representation of the geographical indication; (d) the goods to which the geographical indication applies; (e) the quality, reputation or other characteristic of the goods
for which the geographical indications is used; (f) where anobjection is raised, the date and the name, address
and nationality of the person raising the objection; (g) the date of publication of the application; (h) the address for service of the applicant; and (i) any other information required under the Act or these
Regulations or that the registrar may consider appropriate. 6. Rectification of register.
(1) The registrar may rectify and update the register to ensure that the register is accurate.
(2) For purposes of this regulation, the registrar may remove from the register any information which—
(a) is misleading; (b) is inaccurate; (c) is issued in error; (d) contains an entry or endorsement made in error; (e) contains an illegal endorsement; (f) is illegally or wrongfully obtained; or (g) a court has ordered the registrar to remove from the
register.
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(3) Subject to subregulation (2), the registrar shall before removing and information from the register give notice to the owner of a geographical indication to show cause why the information should not be removed from the register.
(4) Where the owner of a geographical indication fails to show cause under subregulation (3)within 30 days, the registrar shall proceed to remove the information from the register and state the reasons for the removal of the information.
(5) The registrar shall, within seven days after rectifying the register, notify the owner of the geographical indication, to which the rectification relates to surrender to the registrar, the certificate of that geographical indication.
(6) Subject to subregulation (5), the registrar shall issue a new certificate to reflect any changes made to the register where applicable.
7. Inspection of register. (1) A person who wishes to inspect the register or any document
in the register, or extract from the register shall make an application to the registrar in Form 1 specified in Schedule 1, upon payment of the fees prescribed in Schedule 2.
(2) The registrar may prescribe the time and set conditions relating to inspection of the register.
(3)Aministry, department or agency of Government shall not be required to pay any fee for a copy of any document in the register which is required by that ministry, department or agency of Government in the performance of its functions.
Part III—regIstratIon of geograPhIcal IndIcatIons
8. Classification of goods For purposes of registration of geographical indications, goods are classified in accordance with Schedule 3 to these Regulations.
9. Homonymous indications (1) Subject to section 5(3) of the Act, a homonymous indication
is excluded from protection as a geographical indication.
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(2) Where an application for a geographical indication is a homonymousindicationtoanalreadyregisteredgeographical indication, the registrar shall indicate the material factors differentiating the application from the registered geographical indications and particulars of protective measures adopted by the applicant, to ensure consumers of such goods are not misled in consequence of such registration.
(3) For purposes of determining whether the registrar may accept the application in sub regulation (2), the registrar shall apply the principle of prior in tempore potior juris.
10. Geographical indications excluded from registration Geographical indications excluded from protection under section 5 of the Act are not eligible for registration.
Application for registration of geographical indications
11. Application for registration of geographical indication (1)An application for the registration of a geographical indication
shall be made to the registrar in Form 2 specified in Schedule 1 upon payment of the fees prescribed in Schedule 2.
(2) An application made under subregulation (1), shall be in respect of one geographical indication.
(3) Where a geographical indication contains a word or words in characters other than roman numerals, or in words other than words in the English language there shall be endorsed on the application form a sufficient translation as the case may be to the satisfaction of the Registrar.
(4) All terms, signs and symbols used in the application shall be used consistently throughout the application and shall be the terms, signs and symbols generally accepted in the relevant field.
12. Amendment or withdrawal of application (1) An application to amend or withdraw an application for
registration of a geographical indication shall be made to the registrar in Form 3, set out in Schedule 1, upon payment of a prescribed fee in Schedule 2.
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(2) An application made under subregulation (1), shall be made any time before the registrar has—
(a) registered the application for registration of the geographical indication; or
(b) issued notification of refusal to register the geographical indication.
(3) Where an application under subregulation (1), is made by more than one person, the application for registration of a geographical indication may only be withdrawn with the consent of all applicants who signed that application.
(4) For the avoidance of doubt, an amendment made in subregulation (1) shall not be made in relation to—
(a) the description of the goods; or (b) the geographical territory to which the application relates.
(5) Where an amendment has been made to an application for registration of a geographical indication, any further amendment shall only be made with leave of the registrar.
(6) The registrar may reject an application to amend an application for registration of a geographical indication where the amendment would have the effect of extending the specification beyond that which is disclosed in the application for registration of a geographical indication, in order to deceive or mislead the public as to the quality, reputation or other characteristic of the goods.
(7) Where the registrar rejects an application made under subregulation (1), the registrar shall notify the applicant of his or her decision within 14 days from the date of making the decision.
13. Examination of application (1) Upon receipt of an application for the registration of a
geographical indication in respect of any good, the registrar shall examine the application for registration of the geographical indication in accordance with sections 5 and 9 of the Act.
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(2) Upon examination of the application under subregulation (1), the registrar may—
(a) accept the application; (b) accept the application subject to such conditions or
limitations as he or she may think right to impose; or (c) reject the application.
(3) Where the registrar objects to the application, he or she shall inform the applicant of the objection in writing within 30 days of receipt of the application.
(4) Where an application is similar to a registered geographical indication or application for registration of a geographical indication, the examination shall take into account the registered geographical indication and consider whether there are substantial differences between the application for registration of a geographical indication and the registered geographical indication.
14. Publication of application (1) Where the registrar is satisfied that an application for
registration of a geographical indication meets the requirements of the law, the application shall be published in the Gazette or in any media prescribed by the registrar.
(2) Subject to subregulation (3), the publication shall be in Form 4, specified in Schedule 1, upon payment of fees prescribed in Schedule 2.
(3) Subject to subregulation (1), the registrar shall publish the following particulars in respect of an application for registration of a geographical indication—
(a) the application number;
(b) the filing date of the application;
(c) the name, address and nationality of the applicant;
(d) the name and address of the agent, if any;
(e) the representation of a geographical indication;
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(f) the goods to which the geographical indication applies; (g) the manner in which the geographical indication is to be
used and any conditions under which the geographical indication may be used;
(h) the quality, reputation or other characteristics of the goods; (i) the demarcation of the geographical area to which the
geographical indication applies; and (j) the timeallowed for the lodgingof objections to registration
of the geographical indication.
(4) A person may, within the 60 days from the date of publication of an application for registration of a geographical indication, in the gazette or in any media prescribed by the registrar, give notice of objection to the registration of a geographical indication to the registrar.
15. Objection to registration of application (1) A person may, within 60 days from the date of publication
of an application for registration of a geographical indication, give notice of objection to the registration of a geographical indication to the registrar.
(2) A notice of objection to the registration of a geographical indication, referred to in section 10(2) of the Act, and under subregulation (1), shall be in Form 5, set out in Schedule 1, upon payment of prescribed fees in Schedule 2.
(3) The registrar shall upon receipt of a notice of objection immediately send a copy of the notice of objection to the applicant.
(4) Subject to subregulation (3), the applicant shall, within 30 days from receipt of the notice of objection, file with the registrar a counterstatement in Form 6, set out in Schedule 1, setting out the grounds on which the applicant relies as supporting the application for registration of a geographical indication.
(5) Upon receipt of the counterstatement, the registrar shall immediately send or cause to be served a copy of the counterstatement on the person objecting, and within 30 days from the receipt of the
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counterstatement, the person objecting shall adduce such evidence by way of statutory declaration, in support of the objection, which he or she shall file with the registrar.
(6)Where the applicant of a geographical indication has not filed with the registrar a counterstatement or the person objecting to the application of the geographical indication has not adduced evidence in support of the objection or in response to the counterstatement, within the prescribed time, the registrar shall proceed to give notice of the date of hearing.
(7) Upon complete filing of the evidence by both the applicant and the person objecting to the application, the registrar shall give notice to both parties of the date of hearing, and that date shall be at least 14 days after the date of the notice, unless the parties consent to a shorter notice.
16. Notification of grant to register geographical indication (1)Whereanapplication for registrationof ageographical indication
is granted, the registrar shall notify the applicant of his or her decision. (2) The notification under subregulation (1) shall be made in
Form 7, set out in Schedule 1.
17. Notification of refusal to register geographical indication (1) Where the registrar rejects an application to register a
geographical indication, the registrar shall immediately notify the applicant of his or her decision.
(2) The notification under subregulation (1) shall be in Form 7, set out in Schedule 1.
18. Registration of geographical indication (1) Upon notification of the grant to register a geographical
indication, the applicant shall pay the fees prescribed in Schedule 2 for the registration of the geographical indication.
(2) Upon payment of the fees, under subregulation (1), the registrar shall register the geographical indication in the register and shall issue a certificate of registration in Form 8, set out in Schedule1.
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19. Renewal of registration (1) An application for renewal of registration of a geographical
indication shall be made to the registrar in Form 9 set out in Schedule 1, three months before the expiration of the last registration of the geographical indication, upon payment of fees prescribed in Schedule 2.
(2) Where the registrar has not received an application for renewal of registration of a geographical indication in accordance with subregulation (1), the registrar may notify the owner of the expiry date of the registration of the geographical indication before the expiration of the registration of the geographical indication.
(3) Where at the expiry date of the last registration of a geographical indication, an application under subregulation (1) has not been made to the registrar, the registrar shall publish in the Gazette or other media prescribed by the Registrar, the expiration of protection of the registered geographical indication.
(4) Notwithstanding subregulation (3), an application for renewal of registration of the geographical indicationmaybemade to the registrar in Form 9 set out in Schedule 1, one month from the date of publication of expiration of protection of the geographical indication.
(5) Subject to subregulation (4), the registrar shall renew the registration of the geographical indication upon payment of renewal fees and late registration fees prescribed in Schedule 2.
(6) Where, at the expiration of one month from the date of publication, an application for renewal of the last registration of a geographical indication has not been made to the registrar, the registrar shall remove the geographical indication from the register.
(7) Where a geographical indication has been removed from the register, the registrar shall cause to be entered in the register, a record of the removal and of the cause of the removal.
(8) Notwithstanding subregulation (7), an application for renewal or renewal and restoration of a geographical indication to the register may be made to the registrar in Form 9 set out in Schedule 1, upon payment of fees prescribed in Schedule 2.
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(9) The registrar may restore a mark of a geographical indication to the register, upon receipt of an application in subregulation (7), subject to conditions.
(10) Upon the renewal or renewal and restoration of a geographical indication, the registrar shall notify the owner, and shall publish the restored geographical indication in the Gazette or a media prescribed by the registrar.
Part IV—geograPhIcal IndIcatIons on the regIster.
20. Removal from the register or alteration of conditions (1) An application to the registrar under section 12 of the Act for
removal from the register or alteration of conditions of registration of a registered geographical indication shall be made to the registrar in Form 10, set out in Schedule 1, upon payment of fees prescribed in Schedule 2.
(2) The application shall be accompanied by a statement setting out the reasons for the proposed removal of a geographical indication or alteration of conditions of registration.
(3) Upon receipt of an application made under subregulation (1), the registrar shall cause the application to be published in the Gazette or in any media prescribed by the registrar.
(4) Where the person applying for removal from the register or alteration of conditions of registration of a registered geographical indication isnot theowner, the registrar shall notify theowner immediately.
(5) The owner of the geographical indication shall, within 30 days from the date of notification under subregulation (4), file a reply to the application under subregulation (1).
(6) Subject to subregulation (5), where the registrar receives the counterstatement by the owner of the geographical indication; where necessary, regulation 15(5), (6), and (7) shall apply with the necessary modifications on the application made under subregulation (1).
21. Intervention by third parties (1) Aperson other than an owner alleging an interest in a geographical indication in respect of which an application is made under regulation
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19 (1), may within 30 days from the date of publication of the application under 19(3), apply to the registrar for leave to intervene, stating in the application the nature of the interest.
(2) An application made under subregulation (1), shall be made to registrar in Form 10 set out in Schedule 1, upon payment of the fees prescribed in Schedule 2.
(3) The registrar may grant or refuse the application made under subregulation (1), after calling for representation of the parties concerned, and upon such terms and conditions as the registrar deems fit.
22. Notification of removal from the register or alteration of conditions (1) Where an application for removal from register or alteration
of conditions of registration of a geographical indication has been granted or is granted subject to conditions or limitations, the registrar shall notify—
(a) the owner of the geographical indication; or
(b) the applicant not being the owner of the geographical indication, of his or her decision.
(2) Notification under subregulation (1), shall be made in Form 7, set out in Schedule 1.
23. Notification of refusal to remove from the register or alteration of conditions (1) Where the registrar rejects an application to remove from the
register or alter conditions of registration of a geographical indication, the registrar shall immediately notify the applicant of his or her decision.
(2) The notification under subregulation (1) shall be in Form 7 set out in Schedule 1.
24. Invalidation of a geographical indications An application to invalidate a geographical indication under section 13(1) of the Act, shall be made to the court by notice of motion.
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25. Transfer Where the responsibility of administration of a registered geographical indication is transferred from the owner of a geographical indication to another person in accordancewith section 17 (2) of theAct, the transferee as an administrator shall make an application to the registrar in Form 11 set out in Schedule 1, upon payment of fees prescribed in Schedule 2.
Part V—aPPlIcatIons and notIfIcatIons to the regIstrar 26. Agents
(1) Except as otherwise required by these Regulations—
(a) an application, request or notice which is required or permitted by the Act or these Regulations to be made or given to the registrar;
(b) any communication between an applicant or a personmaking the request or giving the notice and the registrar; and
(c) any communication between the owner of a geographical indication and the registrar or the court or any other persons, may be signed, made or given by or through an agent.
(2) An applicant, a person making a request or giving a notice, or an owner may appoint an agent to act for them in any proceedings or matter before the registrar under the Act and these Regulations by filing with the registrar, Form 13 set out in Schedule 1.
(3) In the case of appointment of an agent, service upon the agent of any document relating to the proceedings any matter shall be taken to be service upon the person appointing the agent and any communication directed to be made to that person in respect of the proceedings or any matter may be addressed to their agent, and all attendances upon the registrar relating to the proceedings or matter may be made by or through the agent.
(4) Subject to this regulation, the registrar may require the personal signature or presence of an applicant, opponent, an owner or any person who has an interest in an application before the registrar.
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27. Form of application to the registrar (1) All applications made under the Act and these Regulations
shall be made in the prescribed form or in writing where there is no prescribed form and accompanied where applicable, by the relevant supporting evidence and evidence of payment of the prescribed fees.
(2) The Registrar may require such forms to be submitted in electronic format and the forms shall be submitted in such a manner as to permit automated input of the content into an electronic system such as by character recognition or scanning.
28. Fees (1) The fees specified in Schedule 2 shall be payable in respect
of the matters required by the Act or these Regulations. (2) Where an applicant withdraws an application under these
Regulations, the applicant shall forfeit any fees paid with regards to filing of the application.
Part VI—mIscellaneous 29. Address of service
(1) The registrar shall require an applicant, opponent or agent, or an owner of a geographical indication, who does not reside or carry on business within Uganda to give an address for service within Uganda, and that address shall be treated as the actual address of that person for all purposes connected with the matter in question.
(2) An applicant for registration of a geographical indication shall provide an address for service for entry in the register and that address shall be entered, in the register.
(3) Where no address for service is entered in the register, the registrar shall treat the trade or business address of the owner as entered in the register, as the address for service for all purposes connected with the registration.
(4) A written communication addressed to an applicant or an owner at an address given by him or her, or treated by the registrar, as his or her address for service shall be deemed to be properly addressed.
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(5) Where, at any time, the registrar doubts the continued availability of an address for service entered in the register, the registrar shall by letter or electronic communication to his or her trade or business address in the register request the person for whom it is entered, to confirm the address for service.
(6) If within three months after making the request under subregulation (5) the registrar receives no confirmation of the address, the registrar shall strike off an application made under subregulation (2), from the register.
(7) Notice for any impending removal of a geographical indication from the register shall be sent to the last known physical, business or email address of the owner
30. Review of registrar’s decision (1) A person aggrieved by a decision of the registrar under the
Act or these Regulations, may apply to the registrar to review the decision.
(2) An application for review in subregulation (1), shall be in Form 14 set out in Schedule 1, upon payment of the fees prescribed in Schedule 2.
(3) A person may apply for review of the registrar’s decision upon the following grounds –
(a) discovery of new and important material facts or evidence which, after the exercise of due diligence was not within the person’s knowledge or could not be produced by him or her at the time when the decision was made;
(b) on account of some mistake or error apparent on the face of the record; or
(c) for any sufficient cause.
31. Appeals to court Notwithstanding regulation 30, a person aggrieved by a decision of the registrar under the Act or these Regulations, may within 60 days from the date of that decision appeal to High Court, against the decision by way of notice of motion.
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32. Extension of time (1) Where the registrar is satisfied that the circumstances justify
an extension of the time for doing any act or taking any proceeding under these Regulations, not being a time expressly provided in the Act, the registrar may extend the time upon such notice to other parties, and proceedings, and upon such terms as he or she may direct, and the extension may be granted where the time has expired for doing the act or taking the proceedings.
(2) An application for extension of time under subregulation (1), shall be made to the registrar in Form 15 set out in Schedule 1, upon payment of fees prescribed in Schedule 2.
33. Offences and penalties (1) A person who fraudulently sells or transfers the registration
of a geographical indication commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years, or both.
(2) A person who forges or utters a forgery purporting it to be the consent of the owner for purposes of transfer of registration of a geographical indication owner commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years, or both.
(3) Subject to subsection (1) and (2), a court may in addition to the penalty imposed, order for other remedies.
(4)Apersonwho deliberately destroys any document or evidence relating to registration of a geographical indication or who deliberately conceals information from the registrar commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years, or both.
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SCHEDULE 1
GI FORM 1
reg. 7(1) THE GEOGRAPHICAL INDICATIONS ACT, 2013
REQUEST FOR SEARCH/ INSPECTION/ EXTRACT FROM THE GEOGRAPHICAL INDICATIONS REGISTER.
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount: Applicant’s or Agent’s File Reference
IN THE MATTER OF:
Geographical IndicationNo.:………………..registeredfrom………………/20…. for goods in class ………………………………………
I/We ……………………………………………………………………………… of …………………………………………….. (insert address) request an extract or certified copy of the above mentioned geographical indication.
NOTES 1. Please use a separate form for each geographical indication. 2. Please describe any special requirements. If space provided is not sufficient,
please use a separate sheet of paper.
Signature:…………………………………………………………………………..
Name of signatory: ………………………………………………………………
Date: ……………………………………………………………………………… ..
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GI FORM 2 reg, 11(1)
THE GEOGRAPHICAL INDICATIONS ACT, 2013.
APPLICATION FOR REGISTRATION OF A GEOGRAPHICAL INDICATION.
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount: Applicant’s or Agent’s File Reference I/WE REQUEST FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION IN RESPECT OF THE FOLLOWING PARTICULARS
I. Full name and address of applicant(s): ……………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… Nationality:
Country of residence or
Principal place of business:
Capacity in which applicant is applying for registration:
Tel No: Email Address: II. Fullnameandaddressofagent(ifany):…………………………………………
……………………………………………………………………………… ……………………………………………………………………………… ………………………………………………………………………………
Tel No: Email Address: III. GEOGRAPHICAL INDICATION:
The geographical indication for which registration is sought is the following:
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IV. GEOGRAPHICAL AREA: The following is the demarcation of the territory of the country, or region, or locality in that territory, to which the geographical indication applies, and from which the goods for which the geographical indication is used originate:
Additional information, in graphic forms, map:
Additional information to accompany this Form V. GOODS:
The goods for which the geographical indication is used are the following:
VI. DESCRIPTION OF PRODUCT:
Additional information to accompany this Form
(a) colour: (b) shape: (c) texture: (d) size: (e) weight: (f) taste (g) other description
VII. QUALITY, REPUTATION, OR OTHER CHARACTERISTIC The quality, reputation or other characteristics of the goods for which the geographical indication is used, and any conditions under which the indication may be used, are the following;
Additional information to accompany this Form
VIII. PROOF OF ORIGIN
Additional information to accompany this Form IX. CAUSAL LINK BETWEEN THE GEOGRAPHICAL AREA
AND A SPECIFIC QUALITY, THE REPUTATION OR OTHER CHARACTERSITICS OF THE PRODUCT (E.G. SOIL CONDITIONS, CLIMATE CHARACTERISTICS, HUMAN FACTORS, PRODUCT REPUTATION)
Additional information to accompany this Form
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X. THE STANDARDS OF PROCESSING, PREPARATION, MANUFACTURE OR PRODUCTION OF THE SPECIFIED GOODS AND THE SPECIFIC STEPS IN PROCESS THAT MUST TAKE PLACE IN THE IDENTIFIED GEOGRAPHICAL AREA For instance soil preparation, selection and treatment of seed, seed planting and field management such as methods of fertilizing, harvesting, storing
Additional information to accompany this Form XI. THE PARTICULARS OF THE MECHANISM TO ENSURE THAT
THE STANDARDS, QUALITY, INTEGRITY AND CONSISTENCY OR OTHER SPECIAL CHARACTERISTICS IN RESPECT OF THE GOODS TO WHICH THE GEOGRAPHICAL INDICATION RELATES ARE MAINTAINED (E.G. LABELLING, PRODUCT QUALITY STANDARDS AND SPECIFICATION REQUIREMENTS FROM COMPLIANCE VERIFICATION BODIES)
Additional information to accompany this Form XII. OTHERS (E.G. DIFFERENTIATING FACTORS IN CASE OF
HOMONYMOUS INDICATION, ETC)
IV. FEES
Receipt to accompany this Form V. DECLARATION:
Signature: ……………………………………………………………………
Name of signatory: ……………………………………………………………
Date: …………………………………………………………………………
Note: Every application shall be accompanied by a statement disclosing any foreign applications and their status, if any, relating to the same geographical indication by the applicant.
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GI FORM 3
reg. 12(1)
THE GEOGRAPHICAL INDICATIONS ACT, 2013
REQUEST TO AMEND/ WITHDRAW APPLICATION FOR REGISTRATION OF A GEOGRAPHICAL INDICATION
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use: Date of Receipt: APPLICATION NO.:
(Office Stamp) Fees Receipt Number: Amount:
Applicant’s or Agent’s File Reference IN THE MATTER OF:
Geographical Indication No.:………………………………….. in the names of .………………………………………………………………….(insert name and address of applicant/owner) I/We, the applicants identified above, request to:
Amend my/our Application
Withdraw my/our Application
GROUNDS IN SUPPORT OF APPLICATION:
The grounds for amending/withdrawing the application are as follows:
…………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… ……………………………………………………………………………………
Signature: ……………………………………………………………..
Name of signatory: ……………………………………………………
Date: …………………………………………………………………..
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GI FORM 4
reg. 14(3)
THE GEOGRAPHICAL INDICATIONS ACT 2013.
PUBLICATION OF APPLICATION FOR REGISTRATION FOR A GEOGRAPHICAL INDICATION
Representation of Geographical Indication:
Application number:
Filing date:
Applicant’s name:
Applicant’s address:
Applicant’s nationality:
Goods (including class):
Characteristic of the goods:
Conditions of use:
Geographical area:
Agent/Address of service:
…………………………………………. Registrar
Geographical Indications
Note: A person may, within the 60 days from the date of publication of an application in the gazette or other appropriate media, give notice of objection to the registration of a geographical indication to the registrar.
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GI FORM 5 reg.15(2)
GEOGRAPHICAL INDICATIONS ACT, 2013 NOTICE OF OBJECTION
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use: Date of Receipt: APPLICATION NO.:
(Office Stamp) Fees Receipt Number: Amount:
Applicant’s or Agent’s File Reference IN THE MATTER OF: Applicant No.:…………………….. for registration of a geographical indication
Filing date of application:
Class:
Published in the Gazette and newspaper of the …………………day of ………….. 20…. No……………….. page ………………… I. Full name and address of person opposing the registration:
……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ………………………………………………………………………………
Nationality:
Country of Residence or
Principal place of business:
Tel No: Email Address: II. Full name and address of agent (if any)
……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ………………………………………………………………………………
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III. GROUNDS OF OPPOSITION: The grounds of opposition are as follows: (Supporting statement to accompany this Form) ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… …………………………………………………………………………… ……………………………………………………………………………
Signature: …………………………………………………………………….
Name of signatory: …………………………………………………………
Date: …………………………………………………………………………
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GI FORM 6 reg. 15(4)
GEOGRAPHICAL INDICATIONS ACT, 2013 COUNTER STATEMENT
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount:
Applicant’s or Agent’s File Reference
IN THE MATTER OF:
OppositionNo.:………………………..toapplicationNo…………………………. for registration of a geographical indication
Filing date of application:
Class:
Published in the ……………….Gazette or media of the ……… day of ………………….. 20……. No…………….. I. GROUNDS IN SUPPORT OF COUNTER STATEMENT:
The grounds of opposition are as follows:
(Supporting statement to accompany this Form) ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ………………………………………………………………………………
Signature:……………………………………………………………………..
Name of signatory: …………………………………………………………
Date: ………………………………………………………………………..
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GI FORM 7 reg.16(2), 17(2), 22(2), 23(2)
THE GEOGRAPHICAL INDICATIONS ACT, 2013
NOTIFICATION OF GRANT/REJECTION/REMOVAL/ ALTERATION OF CONDITIONS OF A GEOGRAPHICAL
INDICATION.
TAKENOTICEthatapplicationNumber_______of_____________________ (state full name and address, or if a agent, the name of the agent and address for …………………. (registration/removal/atlteration of conditions as appropriate) relating to ______________(insert title of geographical indication) has been:
Granted, whereupon registration shall be effected upon payment of the prescribed fee.
Rejected.
Removed.
Altered as to conditions.
Dated this …………… day of …………………………, 20 ……………
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GI FORM 8 reg. 18(2)
GEOGRAPHICAL INDICATIONS ACT, 2013
CERTIFICATE OF REGISTRATION OF GEOGRAPHICAL INDICATION
(Representation of geographical indication)
In accordance with section 9(4)(a) and (b) of the Act, it is hereby certified that the geographical indication having the registration No. ………………………. has been registered in the names(s) of :
N a m e : . … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …
Address:…………………………………………………………………………… …………………………………………………………………………………… ……………………………on………………………….inrespectofageographical indication registered on ………………………………….. being a geographical indicationusedfor…………………………………………………………………. (indicate goods) in class(es)……………………………… and which applies to ………………………………………………………………………………… (indicate geographical area).
A description of the quality, reputation or other characteristic of the goods for which the geographical indication is used to and any conditions under which the indication may be used accompany this certificate.
Date:……………………………………
…………………………….. Registrar
Geographical Indications
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GI FORM 9
reg 19(1), (4) & (8)
GEOGRAPHICAL INDICATIONS ACT, 2013 APPLICATION FOR RENEWAL/ LATE RENEWAL/
RESTORATION AND RENEWAL OF REGISTRATION OF A GEOGRAPHICAL INDICATION
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount:
Applicant’s or Agent’s File Reference
Geographical Indication No:
Class:
I/We/Agent…………………………………………………………………………
Of………………………………………………………………………………...
Hereby apply to renew/late renewal/restoration and renewal of the above regis- tration.
Payment receipt for the …………………………………. fee is enclosed herewith.
Signature:………………………………………………
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GI FORM 10
Reg. 20(1) GEOGRAPHICAL INDICATIONS ACT, 2013
REQUEST FOR REMOVAL FROM THE REGISTER OR ALTERATION OF CONDITIONS OF REGISTRATION OF A
REGISTERED GEOGRAPHICAL INDICATION.
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount:
Applicant’s or Agent’s File Reference
IN THE MATTER OF:
Geographical Indication No.:……………………………….. registered from ……………………………………/20…….forgoodsinClass…………………… I/We ……………………………………………………………………………… of …………………………………………….. (insert address) request removal from the register or alteration of the conditions of registration of geographical indication registration No. …………………………………….
II. GROUNDS IN SUPPORT OF APPLICATION:
The grounds of the application are as follows:
(Supporting statement to accompany this Form) ……………………………………………………………………………
…………………………………………………………………………
………………………………………………………………………
……………………………………………………………………………
…………………………………………………………………………
Signature: ………………………………………………………………..
Name of Signatory: ………………………………………………………
Date: ……………………………………………………………………..
414
GI FORM 11 reg.21 (2)
GEOGRAPHICAL INDICATIONS ACT, 2013
APPLICATION FOR LEAVE TO JOIN PROCEEDINGS RELATING TO THE REMOVAL OF REGISTRATION OF GEOGRAPHICAL
INDICATION.
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount:
In the matter of the Geographical Indication No…………………………………….
Registered in the name of ………………………………………………………………..
I/We ………………………………………………………………………………… Hereby apply for leave to be joined as parties to the proceedings relating to the removal of the entry in the register in respect of the above mentioned geographical Indication.
My/ourinterestintheGeographicalIndicationis:………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
My/our address for service is: ………………………………………………………………………………………
………………………………………………………………………………………
Dated this……………………… day of………………………………..20……
Signature ………………………………………
415
GI FORM 12 reg. 25
GEOGRAPHICAL INDICATIONS ACT, 2013
APPLICATION TO REGISTER TRANSFER OF A REGISTERED GEOGRAPHICAL INDICATION
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount:
Applicant’s or Agent’s File Reference
IN THE MATTER OF:
Geographical Indication No.:…………………………………………………….. registered from ………………/20 ………… for goods in class ……………………
I/We ……………………………………………………………………………
of …………………………………… (insert address) request transfer of the
geographical indication registered in the names of …………………………………
(owner’s name) to …………………………………….. (insert transferee’s name)
of …………………………………………. (insert transferee’s address) pursuant
to …………………………..(insert name of instrument of transfer) dated
………………………. /20………
Note: The instrument of transfer should accompany this application.
Signature: ……………………………………………………………………..
Name of signatory: ……………………………………………………………
Date: ……………………………………………………………………………
416
GI FORM 13 reg. 26(2)
GEOGRAPHICAL INDICATIONS ACT, 2013
FORM OF AUTHORISATION OF AGENT
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount:
I/We…………………………………………………………………………… ……… whose full address is.………………………………… have appointed ………………………………of……………………………toactasmy/ouragent in Uganda…………………………………………………………………… for ………………………No. ………………… and request that all notices requisitions and communications relating thereto may be sent to such agents, at the above address, and I/we hereby authorise the said agent to accept service on my/our behalf of any documents relating to any registration obtained under this authorisation.
I/We hereby declare that I am/we are ……………………………………….
Dated this …………… day of…………………………20………………….
Signature………………………….
1. The full names of corporation/all partners in a firm. 2. Address of agent. 3. The particular matter of proceedings for which the agent is appointed giving
the registration application number if known. 4. Nationality and status of corporations.
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GI FORM 14
reg. 30 (2)
GEOGRAPHICAL INDICATIONS ACT, 2013
APPLICATION FOR REVIEW DECISION BY REGISTRAR
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount: Applicant’s or Agent’s File Reference
IN THE MATTER OF:
An application to review the registrar’s decision in respect of a geographical indication application/ registration number:…………………………………….
I. Full name and address of person applying for review of the decision of the registrar:
……………………………………………………………………………… ……………………………………………………………………………… ………………………………………………………………………………
Nationality:
Country of Residence or Principal place of business:
Tel No: Email Address: II. Full name and address of agent (if any)
… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …
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III. GROUNDS OF REVIEW:
The grounds for review of the registrar’s decisions are as follows:
(Supporting statement to accompany this Form)
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
Signature: ……………………………………………………………………
Nameofsignatory:…………………………………………………………….
Date: ………………………………………………………………………….
419
GI FORM 15 reg. 32(2)
THE REPUBLIC OF UGANDA
THE GEOGRAPHICAL INDICATIONS ACT, 2013
APPLICATION FOR EXTENSION OF TIME IN WHICH TO PERFORM AN ACT UNDER THE ACT
To: The Registrar of Geographical Indications Uganda Registration Services Bureau Kampala
For Official Use:
Date of Receipt:
APPLICATION NO.:
(Office Stamp)
Fees Receipt Number:
Amount:
APPLICATION IS HEREBY MADE by (insert the name and trade or business address of the applicant)………………………………………of; i Physical address………………………………………….………….. ii Postal address……………………………………………………….. iii Email…………………………………………………………………. iv Telephone number/s………………………………………………… for extension of time of ( insert number of days requested )…… days (s) in whichto……………………………………………………………………… in respect of the following Geographical Indication application number(s) … … … … … … … … … … … … … … … … … … … … … … … … … … … In class(es)…………………………………………………………………. The grounds for the request for extension of time are as follows:…………… …………………………………………………………………………… Dated the ……………………day of…………………..20……………… (d) …………………………………………………………………………... (Signature)
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SCHEDULE 2
reg. 7(1),11(1) 12 (1), 14(3), 15(2), 18(1),(3), 19(1), (5)&(8), 20(1), 21(2),25, 30(2), 32(2)
FEES
Item Matter Form Fee (Ug.
Shs) National
Fee (USD)
Foreign
1. Request for search or extraction ofdocument 25,000 20
2. Request for extract or certified copyfrom register 25,000 20
3. Application per class 150,000 150
4. Additional class includedin the application 50,000 50
5. Publication of application inJournal 50,000 50
6. Notice of objection 100,000 100 7. Counterstatement 50,000 50
8. Request to amend or withdrawapplication 25,000 20
9. Registration certificate 100,000 100 10. Renewal of registration 100,000 100 11. Late renewal of registration 50,000 50
12. Restoration of geographical indicationto register 100,000 100
13. Application to remove or alter condition of a registered geographical indication
100,000 100
12. Application to transfer administrationof geographical indication 150,000 150
13. Application for review of the registrar’sdecision 50,000 50
14. Request to search register 25,000 20
16. Application in a third party interventionin proceedings 50,000 50
17. Application for extension of time. 50,000 50
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SCHEDULE 3 Reg.8
CLASSIFICATION OF GOODS AND SERVICES Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices.
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. Class 5 Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
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Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating orcontrolling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Class 10 Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Class 12 Vehicles; apparatus for locomotion by land, air or water.
Class 13 Firearms; ammunition and projectiles; explosives; fireworks.
Class 14 Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.
Class 15 Musical instruments.
Class 16 Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks.
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Class 17 Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.
Class 18 Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.
Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. Class 20 Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of- pearl; shells; meerschaum; yellow amber.
Class 21 Household or kitchen utensils and containers; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.
Class 22 Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefore. Class 23 Yarns and threads, for textile use.
Class 24 Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
Class 25 Clothing, footwear, headgear. Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.
424
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Class 28 Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
Class 29 Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.
Class 30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
Class 31 Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.
Class 32 Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.
Class 33 Alcoholic beverages (except beers).
Class 34 Tobacco; smokers’ articles; matches.
Class 35 Advertising; business management; business administration; office functions.
Class 36 Insurance; financial affairs; monetary affairs; real estate affairs.
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Class 37 Building construction; repair; installation services.
Class 38 Telecommunications.
Class 39 Transport; packaging and storage of goods; travel arrangement.
Class 40 Treatment of materials.
Class 41 Education; providing of training; entertainment; sporting and cultural activities.
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43 Services for providing food and drink; temporary accommodation.
Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45 Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.
GEN. (RETIRED) KAHINDA OTAFIRE, Minister of Justice and Constitutional Affairs.
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