Act 17
Trademarks Act
2010
(4) The protection given under this section in respect of a trade
mark in relation to goods and services originating from a country
other than Uganda shall only be accorded if the country of origin of
the goods and services accords to goods and services originating from
Uganda the same treatment.
PART V—USE AND NON-USE OF A TRADEMARK.
46. Removal from register and imposition of limitations on
ground of non-use.
(1) Subject to sections 47(1) and 48(1), a registered trademark
may be removed from the register in respect of goods in respect of
which it is registered, on application to the court by an aggrieved
person and subject to section 67 on an application to the registrar, on
the grounds that—
(a) the trademark was registered without a bona fide intention
on the part of the applicant for registration that it should be
used in relation to those goods or services by him or her or,
if it was registered under section 54(1), by a body corporate
or registered user concerned and that there has in fact been
no bona-fide use of the trademark in relation to those goods
or services by any owner up to the date one month before
the date of the application; or
(b) at least one month prior to the date of the application a
continuous period of three years or more elapsed during
which the trademark was a registered trademark and during
which there was no bona-fide use in relation to those goods
or services by any owner.
(2) Except where—
(a) the applicant has been permitted under section 25 (2) to
register an identical or nearly resembling trademark in
respect of the goods or services in question; or
(b) the registrar is of the opinion that he or she might properly
be permitted to register the a trademark,
43