The article provides that the conditions for filing and registration of trademarks are determined
by the domestic trademark legislation. Secondly a mark registered in one country of the union is
independent of the registration in other countries under the principle of territoriality. Secondly
article 6 quinquies provides for the protection of marks registered in one country of the Union in
the other Countries of the Union and the question is what protection does the Kenyan registered
mark of the Appellant have in Uganda? Article 6 quinquies provides inter alia in paragraph A
(1), (2) and paragraph B that countries of the Union which as I held above include Kenya and
Uganda shall accept trademarks registered in a country of the Union for filing. Secondly a
country of the Union may require the Applicant of a foreign registered trademark to produce a
certificate of registration of the trademark in the country of origin. Thirdly it is provided that the
trademark may neither be denied registration nor invalidated except inter alia when they infringe
rights acquired by third parties where protection is claimed. Secondly when they are devoid of
any distinctive character or are contrary to morality or public order among other grounds.
Furthermore paragraph C in determining whether a trademark is eligible for protection provides
the criteria for consideration is as follows:
―(1) In determining whether a mark is eligible for protection, all the factual circumstances
must be taken into consideration, particularly the length of time the mark has been in use.
(2) No trademark shall be refused in the other countries of the Union for the sole reason
that it differs from the mark protected in the country of origin only in respect of elements
that do not alter its distinctive character and do not affect its identity in the form in which
it has been registered in the said country of origin.‖
Among other factors the length of time a mark has been in use is a relevant fact. The length of
time is a relevant factor in this appeal. Whereas the Paris Convention for the Protection of
Industrial Property gives discretionary powers to a member of the union through its trademark
registration office to require production by the Applicant of a certificate of registration in the
foreign country, in the proceedings before the tribunal the Group Chief Executive Officer of the
Appellant Mr. Rick Ashley produced two certificates of registration in support of the Appellant‘s
counterstatement to the objection and by statutory declaration. The attached certificate of the
Applicant/Appellant to the statutory declarations proves that the Appellant was registered in