Rwanda polished its business environment and this has attracted many individual and companies that are opening business and companies in Rwanda. These businesses and companies  own trade names and trademarks that upon successful registration of  trademark and /or logo with the Office of the Registrar General in Rwanda, they receive a𝐂𝐞𝐫𝐭𝐢𝐟𝐢𝐜𝐚𝐭𝐞𝐨𝐟𝐑𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧𝐨𝐟𝐚𝐌𝐚𝐫𝐤, this confers on the owner the exclusive right of use and use of the registered mark, for all products or services for which it is registered, and cannot be used by any person other than the registered owner, except with the owner’s consent. Today we discuss what trademark rights conferred upon successful registration, the duration of trademark rights and how such rights can be renewed.

WHAT ARE THE CONFERRED TRADEMARK RIGHTS IN RWANDA?

Upon successful registration the trademark owner obtains the following rights: the right to use the trademark; the exclusive right to use the trademark and a right to initiate civil proceedings against rights infringement.

THE RIGHT TO USE THE TRADEMARK 

This positive right of use belonging to the trademark owner is recognized in most trademark laws like the Rwanda IP law which provides that a registered mark shall confer on the owner use of the registered mark, for all products or services for which it is registered[1].

 It would indeed be contradictory not to grant such a positive right of use while imposing an obligation to use. Of course, it must be noted that the right of use is subject to other laws and rights, as is any other right provided by law. This means that what is allowed under trademark law may be prohibited for example under competition law or by public enactment.

One would really prefer to appreciate what the right to use the trademark means. It means first the right of the owner of the mark to affix it on goods, containers, packaging, labels, etc. or to use it in any other way in relation to the goods for which it is registered. It means also the right to introduce the goods to the market under the trademark.

THE RIGHT TO EXCLUDE OTHERS FROM USING THE MARK

The Rwanda IP law creates the right to exclude others from using the mark. The law states that a registered mark shall confer on the owner the exclusive right of use and use of the registered mark, for all products or services for which it is registered, for any person other than the registration owner shall require the owner’s consent to use the trademark[2].

THE RIGHT TO INITIATE CIVIL PROCEEDINGS AGAINST RIGHTS INFRINGEMENT

In Rwanda, the owner of a registered trademark is entitled, in addition to all other available rights, appeals or other cause of actions, to undertake judicial proceedings against any person who infringes the rights. E.g. forging the trademark, using the trademark without the owner’s consent, or who performs acts which make it likely that infringement will occur. The right shall extend to the use of a sign similar to the registered mark and to use in relation to products and services similar to those for which the mark is registered, when this may lead to confusion in the minds of the public[3]. In case such actions the owner of the trademark has the right to institute a case against the infringer, and the parties can appeal against the verdict or decision from the courts of law in Rwanda or the parties can agree and settle the dispute out of court.

WHEN DO THE TRADEMARK RIGHTS EXPIRE?

The conferred trademark rights have a duration of validity of ten (10) years from the filing date of the application for registration. Upon request, the registration of a mark may be indefinitely renewed for consecutive periods of ten years each, if the owner pays the prescribed renewal fee as required to extend the period. A grace period of ten (10) months shall be granted for the payment of the renewal fee after the deadline, subject to payment of the prescribed surcharge.

In conclusion, these rights are very achievable and anyone owning business can own such rights for their business name, trade name, trademark and/or logo, it is a matter of just applying to the Office of the Registrar General to secure the business brand or trademark. Businesses/Companies that have registered their trademarks have shielded their businesses from unhealthy competition and trademark infringement. This has prevented them from unnecessary legal battles, hence saving a lot of capital and time compared to the businesses/companies the wish to protect their trademarks after facing a legal dispute or challenge. Therefore, it is a very advisable to protect the business/company trade name or trademark and/or logo. REGISTER YOUR TRADEMARK TODAY

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[1] Article 150 of the law on the protection of IP in Rwanda

[2] Article 150 of the law on IP protection in Rwanda

[3] Article 151 of the law on the protection of IP in Rwanda