Act 17
Trademarks Act
2010
(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) A trademark shall not be removed from the register under
this section in the following cases if—
(a) the owner of the trademark consented to the registration in
Uganda of the trademark referred to in subsection (1); or
(b) the owner of the trademark registered in Uganda proves
that he or she or his or her predecessors in business have
continuously used that trademark in Uganda in connection
with the goods or services from a date before the date of the
registration of the other trademark in the country or place
of origin; or
(c) the applicant does not prove—
(i)
that within the five years immediately preceding the
making of the application under this section, there has
been bona fide use in connection with goods or
services in Uganda of the trademark registered in the
country or place or origin;
(ii) that the special circumstances of the trade or affecting
the provision of the goods or services account for the
non-use of that trademark in Uganda within the same
period; or
(iii) that the trademark registered in the country or place of
origin was first registered there within the period of
five years,
and does not give an undertaking to the satisfaction of the registrar
that he or she will within three months from the making of the
application under this section apply for registration in Uganda of the
trademark so registered in the country or place of origin and will take
all necessary steps to complete the registration.
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