Act 17
Trademarks Act
2010
the registrar may refuse an application made under subsection (1) in
relation to goods or services, if it is shown that there has been, before
the relevant date or during the relevant period bona fide use of the
trademark by an owner in relation to goods of the same description,
being goods in respect of which the trademark is registered.
(3) Where in relation to any goods in respect of which a
trademark is registered—
(a) the matters referred to in subsection (1) (b), are shown so
far as regards non-use of the trademark in relation to goods
to be sold or otherwise traded in a particular place
otherwise than for export from Uganda or in relation to
goods to be exported to a particular market outside Uganda;
and
(b) a person has been permitted under section 25(2) to register
an identical or nearly resembling trademark in respect of
those goods under a registration extending to use in relation
to goods to be sold or otherwise traded in, in that place
otherwise than export from Uganda or in relation to goods
to be exported to that market or the registrar or the court is
of opinion that he or she may properly be permitted to
register the trademark,
on application by that person to the court and subject to section 68, to
the registrar, as the case may be, the court or registrar may impose on
the registration of the trademark limitations as the court or the
registrar thinks proper for securing that the registration shall cease to
extend to the use of that trademark.
(4) Where in relation to services in respect of which a trademark
is registered—
(a) the matters referred to in subsection (1) (b), are shown so
far as regards non-use of the trademark in relation to
services to be provided or otherwise available for
acceptance in Uganda or in relation to services to be
exported to a particular market outside Uganda; and
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