2. The applicant seeks a second order and that is that the recent renewal of the trademark be declared null and void, and a declaration issued to the effect that there has never been a renewal of the same. 3. This application is supported by the affidavit of Mr. Ruchard Rujugiro, Director, Market Development for the applicant. The application is stated to be made under Sections 22 (2) and 28 of the Trademarks Act, and Order LII Rules 1 & 3 of the Civil Procedure Rules and Section 98 of the Civil Procedure Act. 4. The respondents were duly served with copies of this application but they did not appear or file any papers whatsoever in the matter. The hearing of the application proceeded ex parte. Ms Sebatindira learned counsel for the applicant appeared for the applicant at the hearing of this application. 5. I shall start by considering the application for de registration for none use. This is governed by Section 28 of the Trademarks Act, Chapter 217. It states, in part, ‘(1) Subject to section 29, a registered trademark may be taken off the register in respect of any class of the goods in respect of which it is registered on application by any person aggrieved to the court, or at the option of the applicant and subject to section 52, to the registrar, on the ground either--(a) that the trademark was registered without any bona fide intention on the part of the applicant for registration that he or she should use it in relation to those goods, and that there has in fact been no bona fide use of the trademark for the time being up to the date one month before the date of the application; or (b) that up to the date of one month before the date of the application a continuous period of five years or longer elapsed during which the trademark was a registered trademark and during which there was no bona fide use of the trademark in relation to those goods by any proprietor of the trademark for the time being.’ 2