Whether the Defendant is a bona fide user of the manufacturer’s trademarks on the imported
goods?
On this issue the Defendants Counsel submitted that the Defendant is a bona fide user of the
manufacturer’s marks on the imported goods. The marks are registered in China and traders all
over the world procured products and resell them without altering the manufacturer’s
trademarks. Whereas the Plaintiff purports to have registered the Chinese to English translated
the marks, in selling its products in Uganda, it does not sell goods with the English translation of
the manufacturers marks but rather in the original factory Mark. Thirdly the Plaintiff is an
infringer and its registration of the trademarks already registered in the country of origin cannot
be recognised. Lastly both the Defendant and the Plaintiff procured the goods from the
International open market and therefore the Plaintiff cannot reach Ugandan territory and
fraudulently register trademarks on those products and claim ownership.
In the case Guangzhou Tiger Group Company versus Uganda Revenue Authority and
Incargo Freighters Agencies HCCS 333 of 2012 honourable Mr Justice Masalu Musene found
that the first Defendant was a bona fide purchaser of the consignment of Tiger head batteries in
an international open market.
Issue three: Whether the registration of the disputed marks in Uganda conferred exclusive rights
upon the Plaintiff?
The registration was not proper and the trademarks ought to be removed from the register of
trademarks. In those circumstances there is no exclusive rights derived from unlawful
registration. If the court should decline to hold so, it can hold that the Defendant is a bona fide
purchaser and cannot be prevented from importing the products bearing those trademarks which
are manufactured outside Uganda.
In rejoinder the Plaintiff commenced with submission on the issue of whether the registration of
the disputed trademarks in Uganda conferred exclusive rights on the Plaintiff.
The Plaintiff's Counsel submitted that trademark registration is territorial in nature. The principle
of territoriality is laid out in the Paris Convention for the Protection of Industrial Property to
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~?+:
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