independent of the marks registered in other countries of the Union, including the country of
origin.
Under that provision of the registration of the trademark in the country of origin does not of its
own take away the right by another person to register the very mark in any member country of
the Union. Recognition of a trademark in the country of the union such as Uganda is dependent
on the domestic legislation of the member of the Union where the trademark is sought to be
enforced under article 6 (1) of the Paris Convention. Consequently registration in China per se
does not of itself grant recognition in any member of the union where the trademark is sought to
be enforced unless the conditions of the domestic legislation are met. The Plaintiff further
submitted that article 6 (2) (supra) is to the effect that a party seeking recognition and
enforcement of its trademark in any country of the Union shall make an application to a member
country of the Union irrespective of whether the particular trademark has been registered in the
country of origin or not.
The said convention places a requirement for a party seeking recognition of its trademark to
make an application to any member state of the union which application is then put into
consideration depending on the domestic legislation of the member country and its requirements.
The Defendant in this suit has not adduced any evidence to prove that an application was made
in Uganda and the various manufacturers or owners of the trademarks in China to a competent
authority in Uganda. The fact that the Chinese manufacturers have not sought protection of the
trademark in the Ugandan territory means that the state and domestic laws pertaining to
trademark enforcement have no recognition of the impugned trademarks as such cannot offer
them protection in the Ugandan territory.
Section 44 (3) of the Trademarks Act 2010 gives a list of requirements that must be in place if a
foreign trademark is to be given protection and recognition in Uganda. It is a requirement for the
foreign trademark owner to apply to be registered in Uganda within three months from the date
of an objection. Secondly it must provide proof of prior registration in the country of origin.
Thirdly section 44 (3) of the Trademarks Act 2010 places a requirement on the owner of the
mark to prove that the very trademark for which protection is sought has been in use and
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~?+:
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