2. The applicant seeks a second order and that is that the recent renewal of the trademark be
declared null and void, and a declaration issued to the effect that there has never been a
renewal of the same.
3. This application is supported by the affidavit of Mr. Ruchard Rujugiro, Director, Market
Development for the applicant. The application is stated to be made under Sections 22 (2)
and 28 of the Trademarks Act, and Order LII Rules 1 & 3 of the Civil Procedure Rules
and Section 98 of the Civil Procedure Act.
4. The respondents were duly served with copies of this application but they did not appear
or file any papers whatsoever in the matter. The hearing of the application proceeded ex
parte. Ms Sebatindira learned counsel for the applicant appeared for the applicant at the
hearing of this application.
5. I shall start by considering the application for de registration for none use. This is
governed by Section 28 of the Trademarks Act, Chapter 217. It states, in part,
‘(1) Subject to section 29, a registered trademark may be taken off
the register in respect of any class of the goods in respect of which
it is registered on application by any person aggrieved to the court,
or at the option of the applicant and subject to section 52, to the
registrar, on the ground either--(a) that the trademark was registered without any bona fide
intention on the part of the applicant for registration that he
or she should use it in relation to those goods, and that
there has in fact been no bona fide use of the trademark for
the time being up to the date one month before the date of
the application; or
(b) that up to the date of one month before the date of the
application a continuous period of five years or longer
elapsed during which the trademark was a registered
trademark and during which there was no bona fide use of
the trademark in relation to those goods by any proprietor
of the trademark for the time being.’


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