{UAH} Ttabamiruka and UNAA

Since I wrote about the UNAA and Ttabamiruka trademarks, I have gotten so many questions. Below, I answer the most recurring questions regarding UNAA nad Ttabamiruka:

1. why didn't I tell UNAA sooner about the problems with the trademark?

As I mentioned in my initial email regarding this matter, UNAA leaders were aware because the Trademark office DIRECTLY informed UNAA leaders on, at least,THREE different occasions via email and ordinary mail. 

On my part, I wrote several times on UNAAnet and Ugandans-at-Heart advising that UNAA should not waste money to go to court because the suit would never get to trial. I also said money would be wasted applying for a trademark because it would not solve the problems. UNAA has no policy on the use of the logo. Without such a policy, any member could arguably use the logo any way they want...as long as they claim to do it in UNAA's name. e.g if UNAACAUSES had decided to use UNAA's mark, one could argue that they'd be free to do so since they are UNAA members too!

With the exception of one person (Moses Nekyon), every UNAA member that discussed this matter in 2011 summarily rejected my words of caution.  In fact, UNAA members at the AGM in Philadelphia endorsed the view that UNAA should stay the course (go to court and also file the trademark application). 

2. I am not a Muganda?

This is a strange criticism. What I wrote about the nature of the Ttabamiruka trademark had nothing to do with my background...but for avoidance of  doubt, I am a Muganda: 

father is Tom Walusimbi Musoke (agalamidde Kabubbu),

muzzukkulu wa Stefano Sekibutto Basereka (agalamidde Nalumuli),

muzzukkulu wa Sserukwaya (naye agalamidde Nalumuli)

Muzzukkulu wa Yokaana Kaweesa (agalamidde Ngalamye)

lugya lwa Sserwanga e Nabinaka

lunyiriri lwa Sserukwaya e Nalumuli

mutuba gwa Magambo Nkubuge e Kisaalalwe 

ssiga lya Magunda e Lwanga

kasolya ka Walusimbi e Bakka.

Obukojja:

Namwandu Namawuba e Najjanankumbi Kyaddondo,

ndi muzzukkulu wa Agustino Ssemakula ne Maria Nambooze abagalamidde e Ntonwa, Ggomba. During the colonial period, Ssemakula was the longest serving chief in Kabulassoke (Mutuba I).  Previously, Ssekabaka also sent him to serve as a chief in Bunyoro (he served as Ssabagabo at Nansimbi, Bungangazi). 

3. I am against Ttabamiruka?

I am not against Ttabamiruka. In my legal analysis, I was only focused on the "Ttabamiruka" as a trademark.  I did not touch the core subjects discussed at Ttabamiruka.  I did not criticize their activities and I have no reason to do so. Therefore, there is no basis for any reasonable person to assume that I am against Ttabamiruka. In fact, if it wasn't for the scheduling conflict with UNAA, I'd be attending Ttabamiruka every year.

thanks

For a faster response please contact me at 415.789.6427

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From: Joseph Musoke <joseph.musoke@ymail.com>
To: "unaanet@yahoogroups.com" <unaanet@yahoogroups.com>; "ugandans-at-heart@googlegroups.com" <ugandans-at-heart@googlegroups.com>; "views@unaacauses.org" <views@unaacauses.org>
Sent: Tuesday, May 13, 2014 10:48 AM
Subject: Ttabamiruka vs UNAA

Since I posted the trademarks yesterday, I have gotten a lot of trademark questions. Many people asked me to compare the marks I posted with the mark "Ttabamiruka".

In my humble

view, Ttabamiruka is a weak mark and can easily lose its trademark protection.

Generally, there are five types of trademarks: (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful. The level of protection varies in that order.

(1). A generic marks simply indicate the variety of goods/services involved: e.g, "Ttabamiruka" used for a general meeting/great meeting or "Soda" used on soft drinks or "Milk" on milk/diary products are all generic terms. Generic marks never receive any trademark protection; they are free for everybody to use. However, "Soda" on a restaurant is "arbitrary" (see example 5 below), and therefore receives protection.

A generic word is one used by much of the public to refer to a class or category of product or service. A generic name can not be protected or registered as a trademark or service mark. For example, no one seller can have trademark rights in "car" or "shoe." If a seller did have exclusive rights to call something by its recognized name, it would amount to a practical monopoly on selling that type of product. Even established trademarks can lose their protection if they are used generically. e.g "thermos" and "escalator" are good examples of long established marks that lost trademark protection because they are generic words. 

If your opponent is complaining that you have used the word "bakery" for a bake shop or "car" for a car repair shop, then you can safely guess that the complaint is baseless. On the other hand, if your opponent is concerned about the fact that both of you use of the term "Yummy Milk" on car repair shops, then the complaint may have some merit.

(2) A descriptive mark, predictably, describes the product: "UGANDAN NORTH AMERICAN ASSOCIATION" describes one one of the association for Ugandans in North America, HOLIDAY INN describes a vacation hotel and FISH-FRI describes batter for frying fish. Descriptive marks do not receive any trademark protection unless their user has used them in commerce and has built up secondary meaning. That is UNAA inserted a disclaimer of "UGANDAN NORTH AMERICAN ASSOCIATION" in the application. A disclaimer does not remove the disclaimed matter from the mark.  It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.
"Secondary meaning" occurs when consumers identify the goods or services on which the descriptive term appears with a single source. In other words, if consumers know that HOLIDAY INN hotels are all affiliated with a single source, then the mark has secondary meaning and receives trademark protection. In my view, "UGANDAN NORTH AMERICAN ASSOCIATION" has gained secondary meaning. Most Ugandans know that refers to UNAA and its activities.
(3) A suggestive mark is one that hints at the product, but which requires an act of imagination to make the connection: DIRT DEVIL for vacuum cleaners or SOLARCITY for solar panels or PENGUIN for refrigerators are examples. Suggestive marks are also strong marks and receive protection.
(4)A fanciful mark is a mark someone made up; examples include "YAHOO" or "GOOGLE".
(5) An arbitrary mark is a known term applied to a completely unrelated product or service; e.g, WINDOWS for an operating system or APPLE for computers.
Fanciful and arbitrary marks are considered strong marks and get substantial trademark protection.

There are a few more wrinkles as well. Some marks are word marks (text only) and others are design marks (images which may or may not include text). Design marks do not provide independent protection for the text incorporated in the design. So if the mark is only a design mark, it doesn't prevent others from using the text so long as they don't copy the design elements.

 

For a faster response please contact me at 415.789.6427