THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
[COMMERCIAL DIVISION]
MISCELLANEOUS CAUSE NO.0017 OF 2011
TECNO TELECOM LIMITED::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
KIGALO INVESTMENTS LTD::::::::::::::::::::::::::::::::DEFENDANT
BEFORE: THE HON. LADY JUSTICE HELLEN OBURA
RULING
This application was brought under sections 45 and 46 of the Trademarks Act 2010 and
regulation 116 of SI 217/1. It sought to have the trademark “TECNO” registered by the
respondent in Uganda removed from the register on grounds of proof of prior registration in a
country of origin, and/or for non-use of the trademark.
The application was supported by an affidavit sworn by Mr. Wenbig Ruan in his capacity as a
Director in Tecno Investments Ltd the donee of power of attorney and agent of the applicant. He
deposed that since 2009, his company had been duly appointed the Ugandan commercial agent
of the applicant, a company incorporated in Hong Kong, China. Further that in that capacity, his
company had been duly authorized to represent the applicant and prosecute this suit on its behalf
as per the power of attorney that was attached as annexture “B” to the affidavit.
He further deposed that the applicant company that primarily manufactures and exports various
electronics items under class 9 including mobile phones called TECNO registered TECNO
trademark in Hong Kong on 5th October 2005 under registration number 300505773. TECNO
product catalogue, the company profile and a certified copy of the trademark were attached as
annextures “C”, “D” and “E” respectively.
He averred that TECNO products had been in Ugandan market for sometime predating the
registration of the TECNO trademark by the respondent in 2008. Documents proving this were
attached as group annexture “F”. He further averred that sometime in December 2010, they
received a letter from the respondent’s lawyers informing them that the mark TECNO was
registered in Uganda by the respondent in 2008 in respect of goods under class 9. A copy of the
letter was attached as annexture “G”.