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JUDGE Ruling delivered in chambers in the presence of Mr. Richard Nsubuga for the applicant and Mr. Richard Adubango for the respondent. Officials of both parties were absent. JUDGE 29/11/11

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Tecno Telecom Limited v Kigalo Investments Ltd

Case Law

Case Outcome

Disposition: Injunction or Order Granted
Disposition: Judgment in Favor of Defendant
Disposition: Other

Case Status: Closed

Keywords

Intellectual property
Trademark

Case Number: 017 OF 2011

Decision date: Nov 29, 2011

Country

Uganda

Judicial Body: Administrative Court

Court Name: IN THE HIGH COURT OF UGANDA AT KAMPALA, COMMERCIAL DIVISION

Collection: CIPIT

Case Summary: This application was brought under sections 45 and 46 of the Trademarks Act 2010 and regulation 116 of SI 217/1. It sought to have the trademark “TECNO” registered by the respondent in Uganda removed from the register on grounds of proof of prior registration in a country of origin, and/or for non-use of the trademark. My answer would be NO because the facts and circumstances of this case showthat the use of this trademark by the respondent is not warranted in the economic sectorbecause there is no particular goods it protects and maintains or creates a share inthe market for in Uganda. In the circumstances, I am satisfied that the trademark TECNO was registered by the respondent without a bona-fide intention to use the same and indeed there has never been any bona-fide use of it since it was registered in 2008. In the result,I order that the trademark TECNO registered by the respondent as No. 31786 in 2008 be removed from the register of trademarks in Uganda for non-use with immediate effect in accordance with section 46 of the Trademarks Act, 2010.In view of my finding thatthe respondent’s act is illegal as it contravenes the provisions of the Trademarks Act,2010, I direct that this matter be referred to the relevant authorities for investigation and furthermanagement.Costs of this application areawarded to the applicant.

Date Updated: Dec 5, 2019

Primary Documents

Tecno Telecom Limited v Kigalo Investments Ltd.pdf
English
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