In the case of Guangzhou Tiger head Battery Group Co. Ltd vs. Uganda Revenue Authority
and In Cargo Freighters Agents Ltd HCCS No. 0333 of 2012, the Plaintiff as the registered
owner of the “Tiger Head” battery brand in Uganda registered under Part A of the register. The
Plaintiff’s case inter alia was that In Cargo Freighters Agents imported tiger head batteries not of
the Plaintiffs manufacture as if they were of the Plaintiffs manufacture. It was a case of passing
off and they sought among other order an order of destruction of the goods and a permanent
injunction. Hon Justice W.W Musene held inter alia that it was the minister who had licensed In
Cargo Freighters Agents to trade in the goods and it was the Attorney General to be sued. He
held that counterfeiting of the Plaintiff’s product by the Defendants had not been proved on the
balance of probabilities. The Plaintiff did not discharge the burden of proof. He further held that
the good will in the “Tiger Head” battery was owned by another company Guangzhou Light
Holding Co. Ltd and no misrepresentation of the goods to the public had occurred yet for the
Plaintiff to claim damages since the goods were in custody of Uganda Revenue Authority. The
judge declined to grant a permanent injunction on the basis of a licence granted by the minister
for the In Cargo Freighters Agents to import “Tiger Head” batteries. The above authority does
not address an application for removal of a registered trademark under sections 45 and 46 of the
Trademarks Act and is not relevant.
I have thirdly considered the question of whether the registration of the Plaintiff in the Trade
mark register for the trademark in dispute is an illegality that has been brought to the attention of
court which may override questions of pleadings as stated in Makula International vs.
Cardinal Nsubuga (1980) (supra).
I have already referred to provisions of the Trademark Act 2010 on registration. The Ugandan
domestic law does not expressly forbid the registration of a trademark on the ground that it could
be registered elsewhere. The law accords a right to register by an owner registered in the country
of origin.
Ordinarily to consider the owners right, the owner has to either to apply for such registration or
apply to deregister a person who has registered a similar trademark i.e. under section 45 of the
Trademarks Act 2010. Last but not least Trademarks Act 2010 gives an owner the right to be
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~?+:
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