28
iii.
An account of the 1st and 2nd defendant’s profits, and an order for the payment of
all sums due, together with interest thereon at a commercial Bank rate of 25%;
iv.
General damages;
v.
Punitive damages; and
vi.
Interest
vii.
Costs
Following my findings and conclusion on the above issues, this court is unable to grant any of
the above prayers of the plaintiff and it is accordingly denied.
The 1st, 2nd and 3rd defendants in their counter claim jointly and severally prayed that judgment
be entered in their favor and for:(a) A declaration that the 2nd counter claimant is the lawful and registered proprietor of the
PANASUPER trademark.
(b) An order of cancellation of the respondent’s trademark.
(c) An order directing the registrar of trademarks to issue a PANASUPER trademark
certificate in favor of the 2nd counter claimant.
(d) A permanent injunction restraining the respondent from use of all PANASUPER brands.
(e) Punitive and exemplary damages.
(f) General damages.
(g) Granting further and alternative reliefs
(h) Costs of the suit.
This court is only able to declare that the suit trademark was registered fraudulently and order for
its removal from the register as well grant the prayers for general damages and costs of the suit
for the reasons stated below. The declaration and the order for removal from the register are
based on this court’s findings that the trademark was fraudulently registered. As regards the 3rd
prayer, the procedure for registration of a trademark in Uganda is clearly laid down in sections
14, 15 & 16 of the Trademarks Act 2010. This court cannot usurp the power of the Registrar of
Trademarks by issuing an order directing registration of a trademark without the applicant going
28