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. 8

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