Act 17
Trademarks Act
2010
(b) a person has been permitted under section 25 (1), to register
an identical or nearly resembling trademark in respect of
services under a registration extending to use in relation to
services to be for use or available for acceptance in Uganda
or for use in that country, territory or place or the court is of
the opinion that he or she might be permitted to register the
trademark,
on application by that person to the court and subject to section 69, to
the registrar 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.
(5) An applicant is not entitled to rely for the purposes of
subsection (1)(b), (3) or (4), on any non-use of a trademark that is
shown to have been due to special circumstances in the trade and not
to an intention not to use or to abandon the trademark in relation to
the goods or services to which the application relates.
(6) The use of a trademark by another person shall be recognised
as use of the trademark for the purpose of maintaining the registration
subject to the control of the trademark owner.
(7) The use of a trademark in the course of trade shall not be
unjustifiably encumbered by special requirements, such as use with
another trademark, use in a special form or use in a manner
detrimental to its capability to distinguish the goods or services of one
undertaking from another.
47. Defensive registration of trademarks relating to goods or
services.
(1) Where a trademark relating to goods or services and
consisting of an invented word or invented words or a device or
devices or a combination of them, has become so exceptionally well
known as respects goods or services in respect of which it is
registered and in relation to which it has been used that the use of that
trademark in relation to other goods or to services or both, is likely to
detract from its distinctive character in respect of the goods or
services then, notwithstanding—
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