This is the first step for anyone intending to register a trademark in Rwanda. This helps the applicant to officially confirm whether the trademark is available for registration. Trademark search results are normally issued within three (3) working days.

The main importance of the trademark search is to avoid paying registration fees, compiling all registration information, time and then informed that the trademark cannot be registered, yet this can be confirmed by conducting a trademark search as the first step.

For a trademark search application, the applicant formally writes to the registrar general requesting whether a given trademark in given classes is available for registration. Then, waits for results.

For example: In some cases, the applicants are officially informed in the trademark search results that:

That the trademark is available for registration. Thereafter, the applicant is free to proceed and lodge the trademark registration application; or

For example: In some cases, the applicants are officially informed in the trademark search results that:

1. That the trademark is available for registration. Thereafter, the applicant is free to proceed and lodge the trademark registration application; or
2. In case, the applicant is informed that the trademark is not available for registration, because:
   • there are already registered trademarks confusingly similar to the trademark he/she wishes to register;
   • the trademark is not distinctive;
   • the trademark is imitative;
   • the trademark is confusing; and
   • the trademark is descriptive.
     

Appeal.

• It must be noted that Trademark Search results are appealable in case the applicant is not satisfied.  Subject to the circumstances of the file/case, an applicant can appeal against the trademark search results within five (5) days, with suitable grounds on why his/her trademark must be registered. OR  

• Despite the negative trademark search results, the applicant always has the right to proceed and lodge the trademark registration application for registration examination. In case, even after the registration examination, the applicant is informed that the trademark cannot be registered for given reasons. Then, the applicant will appeal the registration examination with suitable grounds depending on the file/case.

Hence, it is always prudent to conduct a trademark search before paying trademark registration fees that are not refundable, wasting time compiling and filling the forms for trademark registration application as explained above.

The above information is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.

AUTHOR
Advocate KALLAGI. Arnold|

• Member of the East Africa Law Society;
• Member of the Rwanda Bar Association;
• 2018 Certificate of Recognition for completion of the United States Patent and Trademark Office Exchange of Best Practices on Trademark Examination held at Kigali Convention Centre in Rwanda 2018;
• Masters in Business Law (University of Rwanda 2017-2019);
• Post Graduate Diploma in Legal Practice and Development (ILPD);
• Bachelor of Laws (Islamic University in Uganda Kampala-Campus).

Email: advocatekallagi@gmail.com   Tel: +250787337024 (WhatsApp)

Website:   http://opt-law.com/