To prove ownership of the trademarks the Plaintiff called two witnesses. PW1, Ms Sarah
Walusimbi, the Company Secretary of the Plaintiff Company who testified that the Plaintiff
Company, is the owner of the trademarks “NICE” AND “NICE TOOTHBRUSH”. That the
trademarks were sealed and registered on the Register of Trademarks on the 21st July 2005
under part A of the Act, for goods in class 16 and class 21 being packets of toothbrushes and
toothbrushes respectively. The effective dated of the Trademarks is the 9th March 2005 and
both are registered in the names of Nice House of Plastics Ltd, which is the Plaintiff
Company. She also stated that she did not know of any other Company in Uganda that was
in the business of manufacturing toothbrushes. That as a Company Secretary of the Plaintiff
she was not aware of any other person authorised to the use of the Trademarks either as a
licencee and/or registered user. The witness exhibited a Certificate of Registration of the
word “TOOTH BRUSH” for the Tooth brushes received as Exh. P1 and Certificate of
Registration of the mark “NICE” for the packets of tooth brushes as Exhibit P2.
PW2, Ms Fiona Bayiga, is a Senior State attorney in the Registrar General‟s Department,
Ministry of Justice and the Head of the Intellectual Property Section. She testified that
trademarks were part of the Intellectual property section. She stated that the Trademarks
Registrar shows “NICE” and NICE TOOTH BRUSH” as trademarks registered in the names
of the Plaintiff Company. That the said trademarks were registered on the 21st July 2005 as
numbers 24787 and 24792 for goods in class 16 and class 21 respectively. She also stated
that there was no licencee or registered user of the trademarks on the Trademark Register.
The witness identified exhibits P1 and P2 which she said tallied with the Register record for
the two certificates.
Mr Mpanga submitted that the above evidence is sufficient to show and had shown and
proved that the Plaintiff Company is the Registered proprietor and therefore owner of the
trademarks “NICE and NICE TOOTHBRUSH”. I agree and so hold. The evidence further
proves that the Plaintiff Company is the only person with exclusive rights to deal or use the
Trademarks for the goods in respect of which they were registered. The first issue is resolved
in the affirmative
Issue No. 2. Whether the Defendant infringed the Plaintiff‟s trademarks.
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