The Applicant deposed a supplementary affidavit in rejoinder dated 20 th March, 2017 in
which he stated that;
The Applicant lawfully applied for and was accordingly registered the Legal Owner of
the Trade mark as seen in the Certificate of Registration of the said Trademark attached
to the Affidavit in Rejoinder. Purple moon Blankets Trading LLC of Shouq Al Kabeer,
Kabeer Street, Deira Dubai, U.A.E is the manufacturer of the Purplemoon blankets in
question and is also the Legal Owner of the Trademark as seen in the Trademark
Registration Certificate attached to the Affidavit in Rejoinder. He averred that he was
informed by his lawyers that PURPLEMOON BLANKETS TRADING LLC lawfully
applied for registration of the trademark under No. 230395 and the same was accordingly
registered in the names of PURPLEMOON BLANKETS TRADING LLC. The Legal
Owner of the Trademark is PURPLEMOON BLANKETS TRADING LLC and not
Luoyang City Guanlinlide Blanket Factory as alleged by the Respondent. He averred that
neither Bingling Enterprises Limited nor JIANSGU Ouman Textile Technology Co.
Limited is the manufacturer of the purple moon blankets as alleged by the Respondent in
Clause 4 of the Supplementary Affidavit in reply. He further averred that Luoyang City
Guanlinlide Blanket Factory is not the Manufacturer of the Purple moon Blankets.
The Applicant was represented by M/s Tumusiime, Kabega & Co. Advocates while M/s Okecha
Baranyanga & Co. Advocates represented the Respondent.
SUBMISSIONS
Learned Counsel for the Applicant submitted that the Respondent seeks to challenge the
Applicant‟s ownership and/or registration of its trademark. The Applicant at the
commencement of the Application for a Temporary Injunction raised two preliminary
points of law, determination of which shall in effect dispose of the Main Suit, to wit;
1. Whether the Applicant's registration of the Trade Mark confers Exclusive Rights
to the Applicant?
2. Whether the Respondent has Locus Standi to challenge the Applicant's
Registration of the said trademark?
ISSUE 1: Whether the Applicant's registration of the Trade Mark confers
Exclusive Rights to the Applicant?
The Applicant‟s Counsel submitted that the Applicant is the Registered Proprietor
and/or owner of the said Trademark in Uganda vide Annexure A (Certificate of
Registration) attached to the Affidavit of Rejoinder dated 21st December, 2016 of Muhammed
Imran. Learned Counsel submitted that the Applicant contends that upon issuance of a
Certificate of Registration, the Applicant has exclusive rights of usage of the said
Trademark as enshrined in Section 36 of the Trademarks Act, 2010. As such usage of
the Applicant's trademark by any other person not authorized by the Applicant, such as
the Respondent, amounts to infringement. Consequently the Applicant cited Article 6(3) of
the Paris Convention for the protection of industrial property which provides that;
Decision of Hon. Mr. Justice Christopher Madrama
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