asserting that the Defendant cannot raise it as a defence because it was not pleaded in the written
statement of Defendant. As to whether it is an illegality to register a trade mark already
registered in another country can be considered when resolving the sub issue of whether the
registration of the Plaintiff in the circumstances of this case is an illegality.
I have duly considered the provisions of the Trademarks Act 2010 which governs the registration
of the Plaintiff in the Ugandan territory. As far as the admission of the Defendant is concerned,
the admission relates to the fact that the Plaintiff is the registered owner of certain trademarks in
Uganda.
The Defendant in the defence attached several annexure showing that on 23rd of August 2011
the Plaintiff was registered in Part "A" for the trademark “KANG SHI FU” in respect of coffee,
tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals,
bread, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard,
vinegar, sauces, (condiments); spices; ice. The registration was for seven years and is renewable.
This fact should be taken as proved under section 57 of the Evidence Act.
The defence also attaches trademark registration in respect of trademark “LAO GAN MA” on 23
August 2011 in respect of "meat, fish, poultry and game, meat extracts, preserved, frozen, dried
and cooked fruits and vegetables; jellies, Jams, compotes, eggs, milk and milk products; edible
oils and fats". The Plaintiff also registered on 20 August 2012 trademark “WU JIANG” in
respect of meat, fish, poultry and game; meat extracts, preserved, frozen, dried and cooked fruits
and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats". The
third registered trademark was made on 20 August 2012 in respect of the trademark “TAI TAI
LE". It is in respect of coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and
preparations made from cereals, bread, pastry, and confectionery, ices, honey, treacle, yeast,
baking powder, salt, mustard; vinegar, sauces (condiments); spices; ice. The trademark “HONG
XING” was registered on 23 August 2011 in respect of alcoholic beverages (except beers).
The Plaintiff on the other hand attached the Gazette notices in respect of the application is for
registration of trademarks. The trademarks also have Chinese characters and symbols. The
Plaintiff further attached the trademarks relied on.
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~?+:
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