Act 17
Trademarks Act
2010
44. Protection of marks registered in a country of origin.
(1) Subject to subsection (3), the registrar may refuse to register a
trademark relating to goods in respect of goods or description of goods
if it is proved to his or her satisfaction by the person opposing the
application for registration that the mark is identical with or nearly
resembles a trademark which is already registered in respect of—
(a) the same goods;
(b) the same description of goods; or
(c) services or a description of services which are associated
with those goods or goods of that description,
in a country or place from which the goods originate.
(2) Subject to subsection (3), the registrar may refuse to register
any trademark relating to services in respect of any services or
description of services if it is proved to his or her satisfaction by the
person opposing the application for registration that the mark is
identical with or nearly resembles a trademark which is already
registered in respect of—
(a) the same services;
(b) the same description of services; or
(c) goods or a description of goods which are associated with
those services or services of that description,
in a country or place from which the services originate.
(3) An application to register shall not be refused under this
section where—
(a) the applicant proves that he or she or his or her
predecessors in business have in Uganda, in relation to the
goods or services, continuously used the trademark for the
registration of which he or she has made application from a
date before the date of the registration of the other mark in
the country or place of origin; or
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