Act 17
Trademarks Act
2010
(5) Where a trademark is or has been assigned or transmitted as
in subsection (3), the assignment or transmission shall not be taken to
be invalid under this subsection if the exclusive rights subsisting as a
result in the persons concerned respectively are, having regard to
limitations imposed, not to be exercisable by two or more of those
persons in relation to goods to be sold or otherwise traded in, within
Uganda otherwise than for export or in relation to goods to be
exported to the same market outside Uganda.
(6) The owner of a registered trademark who proposes to assign
it in respect of goods or services in respect of which it is registered
may submit to the registrar in the prescribed manner a statement of
case setting out the circumstances and the registrar may issue him a
certificate stating whether, having regard to the similarity of the
goods or the association of the goods or services or descriptions of
goods and to the similarity of the trademarks referred to in the case,
the proposed assignment would or would not be invalid under
subsection (4).
(7) A certificate issued shall, unless it is shown that the
certificate was obtained by fraud or misrepresentation, be conclusive
as to the validity under subsection (4) of the assignment in so far as
the validity depends upon the facts set out in the case, but, as regards
a certificate in favour of validity, only if application of the registration
under section 17 of the title of the person becoming entitled is made
within six months from the date on which the certificate is issued.
(8) Where an assignment in respect of goods or services of a
trademark that is at the time of the assignment used in a business
dealing in those goods or services, is made otherwise than in
connection with the goodwill of that business, the assignment shall
not take effect until the following requirements have been satisfied—
(a) the assignee must, not latter than the expiration of six
months from the date on which the assignment is made or
within an extended period as the registrar may allow, apply
to him or her for directions with respect to the
advertisement of the assignment; and
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