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“1. Register our “PANASUPER” mark as a trademark in Uganda and oppose
any unlawful registration in respect to the mark.
2. To perform and execute all such acts, deeds, matters and things whatsoever,
as shall be requisite, or by him deemed to be expedient to be done, performed
and executed with respect to the protection of the PANASUPER
TRADEMARK.
3. To generally adopt and prosecute all such lawful ways and means touching or
relating to the matters aforesaid as shall be considered necessary or desirable
to protect our mark as we could do or might do and so as to give effect to any of
the above.
4. The powers herein granted shall be given the widest possible
interpretation.”[Emphasis mine].
I have closely scrutinised the acts the lawful attorney was authorised to do so as to evaluate
whether it is in line with what was actually done. The first clause clearly indicates that the
attorney was to register the donor’s mark and in that clause the attorney was given authority to
oppose any unlawful registration of the same. The second clause gave the attorney authority to
do all things it deemed expedient to be done, performed and executed with respect to the
protection of the PANASUPER TRADEMARK. The third clause gave the lawful attorney
authority to generally adopt and prosecute all such lawful ways and means as it considered
necessary or desirable to protect the donor’s mark as they could do or might do and so as to give
effect to any of the above.
Curiously, if the donor intended the mark to be registered in the donee’s (plaintiff’s) name and
for its use, why would it again talk of registration of “our PANASUPER” and protection of “our
mark”? To my mind once the mark was donated to the plaintiff as it would want this court to
believe its protection would not be the concern of the donor and for that matter it would not have
taken the trouble to authorise certain things to be done in a bid to protect the same.
I must also point out that at the bottom of the power of attorney the donor undertook to ratify,
allow or confirm all such acts, matters and things whatever done pursuant to the powers given.
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