The Applicant’s Trade Mark is registered in Uganda and therefore they have exclusive use under
S.36 Trade Mark Act and The Principles of Intellectual Property Law (Supra)
Court therefore has to look into the question as to whether the Respondents trade mark is distinct
and different from that of the Applicant and whether it causes confusion to the public.
It has also been established by decided cases that it is usually difficult to assess the level of
irreparable loss in such cases and determine the amount of appropriate damages to award. And
Counsel for the Applicant insists that it is the same in the present case.
It is on record that the Applicant’s trade mark has been in use since 1991 while the Respondents
contend that they import the biscuits and other confectioneries from a Company in India. There
is nothing to indicate that the same trade mark of the company in India is registered in Uganda.
For those reasons, I find that the Applicant has met the standards required for issue of an
injunction and justice requires that the injunction issue restraining the Respondents from dealing,
selling or trading in products of the name “ Britannia” until the disposal of the main suit – See
Hassan Vs Adam [2007] 2 EA 178 CAK.
The main suit C.S. 479/13 should be fixed for hearing.
The costs will abide the outcome of the main suit.
Flavia Senoga Anglin
JUDGE
14.05.14