Trademarks Act, 2010

Section Interpretation Section In this Act, unless the context otherwise requires— “ assignment ” means assignment or transfer of rights and liabilities under this Act; “ board ” the board of directors established under the Uganda Registration Services Bureau Act; “ certification mark ” means the mark referred to in section 13 ; “ court ” means the High Court; “ currency point ” has the meaning given to it in the Schedule; “ limitation ” means any limitation of the exclusive right to the use of a trademark given by the registration of a person as owner of the trademark , including limitation of that right as to mode of use, in relation to goods to be sold or otherwise traded in, in any place in Uganda, or in relation to goods to be exported to any market outside Uganda; “ Minister ” means the Minister responsible for justice; “ passing off ” means falsely representing one’s own product as that of another in an attempt to deceive potential buyers; “ permitted use ” has the meaning assigned to it by section 49 (2); “ register ” means the register of trademarks kept under section 2 ; “ registered trademark ” means a trademark that is registered under Part III of this Act; “ registrar...

Section Register of trademarks Section The register shall contain— The registrar shall maintain in his or her office a manual register of trademarks. The registrar may also maintain an electronic register of trademarks subject to prescribed safeguards. all registered trademarks with the names, addresses and descriptions of their owners; registered users, notifications of assignments and transmissions, disclaimers, conditions, limitations and other matters relating to registered trademarks as may be prescribed. The register shall be divided into two parts called Part A and Part B respectively. A record of particulars or other matter made using electronic form for the purpose of keeping the register shall be taken to be an entry in the register . The register shall at all convenient times be open to the inspection of the public, subject to such regulations as may be prescribed. The register shall be kept under the control and management of the registrar .

Section Copies and extracts from the register Section A person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain the copy or extract in documentary form or otherwise on payment of a prescribed fee. In this section “certified copy” or “certified extract” means a copy or extract certified by the registrar and sealed with the seal of the registrar .

Section Capability of distinguishing requisite for registration under part B Section In determining whether a trademark is capable of distinguishing goods or services, the registrar or court may have regard to the extent to which— A trademark relating to goods to be registered in Part B of the register shall be capable, in relation to the goods in respect of which it is registered or proposed to be registered, of distinguishing goods with which the owner of the trademark is or may be connected in the course of trade from goods in the case where no connection subsists, generally or, where the trademark is registered or proposed to be registered subject to limitations, in relation to the use within the extent of the registration. A trademark relating to services to be registered in Part B of the register shall be capable, in relation to services in respect of which it is registered or proposed to be registered, of distinguishing services with the provision of which the owner of the mark is or may be connected in the course of business from services with the provision of which he or she is not so connected generally or, where the trademark is registered or proposed to be registered su...

Section Publication of application Section The registrar may cause an application to be published before acceptance where— Where an application for registration of a trademark has been accepted absolutely or subject to conditions or limitations, the registrar shall, as soon as possible, cause the application, to be published in the prescribed manner for 60 days and the publication shall set forth all conditions and limitations subject to which the application is accepted. it is made under section 9 (1)(e); or it is expedient by reason of exceptional circumstances to publish. Where an application has been published, the registrar may, if he or she thinks fit, publish it again when it has been accepted but is not obliged to do so.

Section Objection to registration Section A person may, within the prescribed time from the date of publication of an application, give notice to the registrar of objection to the registration. The notice shall be given in writing in the prescribed manner and shall include a statement of the grounds of objection. The registrar shall send a copy of the notice to the applicant and within the prescribed time after receipt, the applicant shall send to the registrar , in the prescribed manner, a counter statement of the grounds on which he or she relies for his or her application and if he or she does not do so, he or she shall be taken to have abandoned his or her application. If the applicant sends a counter-statement, the registrar shall furnish a copy of the counter statement to the person giving notice of objection and shall, after hearing the parties, if so required and considering the evidence, decide whether and subject to what conditions or limitations registration is to be permitted. A person aggrieved by the decision of the registrar may appeal to court . An appeal under this section shall be made in the prescribed form. On appeal the court shall, if required, hear the partie...

Section Marks registrable as certification marks Section In determining whether a mark is adapted to distinguish goods or services, the registrar may have regard to the extent to which— A mark adapted in relation to any goods to distinguish, in the course of trade, goods certified by a person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not certified shall be registrable as a certification mark in Part A or Part B of the register in respect of those goods in the name of that person as owner. A mark shall not be registrable under subsection (1) in the name of a person who carries on a trade in goods of the kind certified. A mark adapted in relation to any services to distinguish in the course of business services certified by any person in respect of quality, accuracy or other characteristic, from services certified, shall be registrable as a certification mark in Part A of the register in respect of those services in the name of that person. A mark shall not be registrable under subsection (3) in the name of a person who is connected in the course of business with the provision of services of the kind certified. the mark...

Section Application for registration of a certification mark Section The registrar shall consider the application with regard to the following matters— whether in all the circumstances the registration applied for would be to the public advantage; and may either— An application for the registration of a mark under section 13 shall be made to the registrar in writing in the prescribed manner by the person proposed to be registered as the owner. An applicant for the registration of a mark under this section shall send to the registrar draft regulations for governing the use of the mark, which shall include provisions as to the cases in which the owner is to certify goods or services and to authorise the use of the mark and may contain other provisions that the registrar may require or permit to be inserted including provisions conferring a right of appeal to the registrar against any refusal of the owner to certify goods or services or to authorise the use of the mark in accordance with the rules. The rules, if approved, shall be deposited with the registrar and shall be open to inspection in the same manner as the register . whether the applicant is competent to certify the goods or...

Section Publication of application, objection to registration of certification marks Section Where an application for the registration of a certification mark has been accepted absolutely or subject to conditions and limitations, the registrar shall cause the applicant to publish it in the prescribed manner and section 12 shall have effect in relation to the registration of the mark as if the application had been an application under section 7 (1). In deciding under the provisions referred to in subsection (1), the registrar shall have regard only to the considerations referred to in section 13 (3) and a decision under those provisions in favour of the applicant shall be conditional on the determination in his or her favour by the registrar under section 13 (7) of any objection relating to the matters referred to in section 13 (6). Where notice of objection is given relating to the matters referred to in section 13 (4), the registrar shall, after hearing the parties, decide whether and subject to what conditions and limitations or amendments or modifications of the application or of the regulations, registration is to be permitted.

Section Registration Section When an application for registration of a trademark in Part A or in Part B of the register has been accepted and— the application has not been objected to and the time for notice of the objection has expired; or the application has been objected to and the objection has been decided in favour of the applicant, On the registration of a trademark , the registrar shall issue to the applicant a certificate in the prescribed form of the registration signed by him or her and under the seal of the registrar . Where registration of a trademark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified for the purpose in the notice.

Section Alteration of deposited rules or expunging or varying of entry in register relating to certification mark Section On application to the court by an aggrieved person in the prescribed manner and subject to section 62 , the registrar or on application by the registrar to the court, the court may make an order as it thinks fit for expunging or varying an entry in the register relating to a certification mark or for varying the deposited regulations, on the ground that— The rules deposited in respect of a certification mark may under section 14 , on the application of the registered owner, be altered by the registrar. The registrar may, before granting an application, cause it to be publised. Where it appears to the registrar to be expedient and within the prescribed time from the date of the publication if a person gives notice to the registrar of objection to the application, the registrar shall not decide the matter without giving the parties an opportunity of being heard. the owner is no longer competent, in the case of any of the goods or services in respect of which the trademark is registered, to certify those goods or services; the owner has failed to observe a provisio...

Section Registration in part A to be conclusive as to validity after seven years Section In all legal proceedings relating to a trademark registered in Part A of the register including applications under section 90 , the original registration in Part A of the register of the trademark shall, after the expiration of seven years from the date of that registration, be taken to be valid in all respects, unless— that registration was obtained by fraud; or the trademark contravenes section 23 (1). Notwithstanding sections 36 and 37 , subsection (1) does not apply to a trademark registered under Part B of the register.

Section Registration subject to disclaimer Section Where a trademark contains a part that is not separately registered by the owner as a trademark or if— in the case of a trademark relating to goods it contains matter common to the trade or otherwise of a non- distinctive character; or in the case of a trademark relating to services it contains matter common to the provision of services of that description or otherwise of non-distinctive character, the registrar or the court , in deciding whether that trademark shall be entered or shall remain on the register , may require, as a condition of its being on the register — that the owner shall disclaim any right to the exclusive use of any part of the trademark or to the exclusive use of all or a portion of any such matter, to the exclusive use of which the registrar or court holds him or her not to be entitled; or that he or she shall make such other disclaimer as the registrar or court may consider necessary for the purpose of defining his or her rights under that registration. A disclaimer on the register shall not affect rights of the owner of a trademark except where the disclaimer arises out of the registration of the trademark i...

Section Registration of jointly owned trademarks Section Where the relation between two or more persons interested in a trademark is that none of them is entitled to use the mark except— on behalf of both or all of them; or in relation to an article with which both or all of them are connected in the course of trade, Subject to subsection (1), nothing in this Act shall authorise the registration of two or more persons who use a trademark independently or propose to so use it, as joint owners.

Section Duration and renewal of registration Section The registration of a trademark shall be for a period of seven years and shall be renewable every ten years upon payment of a prescribed fee. The registrar shall, on application made by the registered owner of a trademark in the prescribed manner and within the prescribed period, renew the registration of the trademark .

Section Procedure on expiry of period of registration Section At the prescribed time before the expiration of the initial registration of a trademark , the registrar shall send the registered owner notice of the date of expiration of the trademark , the conditions as to payment of the prescribed fees and otherwise for renewal of registration. Where at the date of expiration of the registration the conditions referred to in subsection (1) have not been complied with, the registrar may remove the trademark from the register , subject to such conditions as to its restoration to the register as may be prescribed.

Section Restriction on registration Section A sign shall not be registered as a trademark relating to goods if it consists exclusively of— The registrar shall not register as a trademark or part of a trademark any matter the use of which would be likely to deceive or would be contrary to law, morality or any scandalous design. The registrar shall not register as a trademark a word commonly used and accepted as a name of a single chemical element or compound, as distinguished from a mixture, relating to goods in respect of a chemical substance or preparation. The registration of any word referred to in subsection (2) in force at the commencement of this Act or any such registration after the commencement of this Act shall, notwithstanding section 18 , be taken for the purposes of section 79 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register as the circumstances may require. This section shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the owner or a registered user of the trademark , as distinguished from the element or compound as made by others and...

Section Saving in respect of use of name, address or description of goods or services Section The registration of a trademark shall not affect— a bona fide use by a person of his or her own name or the name of his or her place of business or of the name of the place of business of any of his or her predecessors in business; the bona fide use by a person of any description of the character or quality of his or her goods or services, not being a description that is likely to be taken as importing a reference mentioned in section 36 (2)(b) or; the bona fide use by a person of a description of the character or quality of his or her services, not being a description that is likely to be taken as importing a reference as mentioned in section 37 (2)(b).

Section Prohibition of registration of identical and resembling trademarks Section Subject to section 27 , a trademark relating to goods shall not be registered in respect of goods or description of goods that is identical with or nearly resembles a trademark belonging to a different owner and already on the register in respect of— Subject to section 26 , a trademark relating to services shall not be registered in respect of services or description of services that is identical with or nearly resembles a trademark belonging to a different owner and already on the register in respect of— the same goods; the same description of goods; or services or a description of services which are associated with those goods or goods of that description. the same services; the same description of services; or goods or a description of goods which are associated with those services or services of the description.

Section Application for registration of identical or resembling trademarks Section Where separate applications are made by different persons to be registered by the owner as a trademark or if in the case of a trademark relating to— goods it contains matter common to the trade or otherwise of a non-distinctive character; or services it contains matter common to the provision of services of that description or otherwise of non-distinctive character, the registrar or the court, in deciding whether the trademark shall be entered or shall remain on the register, may require, as a condition of its being on the register— that the owner shall disclaim any right to the exclusive use of any part of the trademark or to the exclusive use of all or any portion of the matter, to the exclusive use of which the registrar or court holds him or her not to be entitled; or that he or she shall make such other disclaimer as the registrar or court may consider necessary for the purpose of defining his or her rights under the registration. A disclaimer on the register shall not affect rights of the owner of a trademark except where the disclaimer would arise out of the registration of the trademark in re...

Section Concurrent use Section The registrar or court may permit the registration by more than one owner, in a case of honest concurrent use or other special circumstances in respect of— the same goods or services; the same description of goods or services; goods and services or descriptions of goods and services which are associated with each other; or trademarks that are identical or nearly resemble each other, subject to such conditions and limitations as the registrar or the court may impose.

Section Status of trademarks removed from the register Section Subsection (1) shall not have effect where the registrar or the court is satisfied either— Where a trademark has been removed from the register for non-payment of the fee for renewal, it shall, for the purpose of an application for registration of a trademark during one year next after the date of the removal, be taken to be a trademark that is already on the register . that there has been no bona fide trade use of the trademark that has been removed during the two years immediately preceding its removal; or that no deception or confusion would be likely to arise from the use of the trademark that is the subject of the application for registration by reason of previous use of the trademark that has been removed.

Section Associated trademarks Section Where a trademark relating to goods registered or that is the subject of an application for registration, in respect of any goods is identical with another trademark that is registered or is the subject of an application for registration, in the name of the same owner in respect of— Where a trademark relating to services that are registered or subject of an application for registration, in respect of services identical with another trademark that is registered or is the subject of an application for registration, in the name of the same owner in respect of— the same goods or description of goods; or services that are associated with those goods or goods of that description or so nearly resembling it as to be likely to deceive or cause confusion if used by a person other than the owner, the same services or description of services; or goods that are associated with those services or services of that description or so nearly resembling it as to be likely to deceive or cause confusion if used by a person other than the owner, On application made in the prescribed manner by the registered owner of two or more trademarks registered as associated tra...

Section Series of trademarks Section Where a person who claims to be the owner of several trademarks, in respect of the same goods or services or the same description of goods or services, seeks to register those trademarks and the trademarks resemble each other and the material particulars differ in respect of— statements of the goods or services in relation to which they are respectively used or proposed to be used; statements of number, price, quality or names of places; other matter of a non-distinctive character which do not substantially affect the identity of the trademark ; or colour, All trademarks registered under subsection (1) shall be taken to be and shall be registered as associated trademarks. On application made in the prescribed manner by the registered owner of two or more trademarks registered as associated trademarks, the registrar may dissolve the association if he or she is satisfied that there would be no likelihood of deception or confusion being caused if that trademark were used by another person in relation to any of the goods or services in respect of which it is registered and may amend the register accordingly. A person aggrieved by the decision of the...

Section Rights and exception of assignment, licensing and transmission of trademarks relating to goods or services Section Subsections (1) and (2) shall have effect in the case of an unregistered trademark used in relation to any goods or services as they have effect in the case of a registered trademark registered in respect of any goods or services, if at the time of the assignment or transmission of the unregistered trademark — Notwithstanding subsections (1), (2) and (3), a trademark shall not be assignable or transmissible in a case in which as a result of an assignment or transmission there would in the circumstances subsist whether under the common law or by registration, exclusive rights in more than one of the persons concerned to the use, in relation to— Where an assignment in respect of goods or services of a trademark that is at the time of the assignment used in a business dealing in those goods or services, is made otherwise than in connection with the goodwill of that business, the assignment shall not take effect until the following requirements have been satisfied— A registered trademark relating to goods or services is assignable and transmissible in connection wi...

Section Certain trademarks to be associated so as to be assignable as a whole Section Trademarks that are registered as or that are taken to be associated trademarks by virtue of this Act, shall be assignable and transmissible only as a whole and not separately, but they shall for all other purposes be taken to have been registered as separate trademarks.

Section Registration of assignments and transmission Section Where a person becomes entitled by assignment or transmission to a registered trademark , he or she shall make an application to the registrar to register his or her title and the registrar shall, on receipt of the application and on proof of title to his or her satisfaction, register him or her as the owner of the trademark in respect of the goods or services of which the assignment or transmission has effect and shall cause particulars of the assignment or transmission to be entered on the register . A person aggrieved by the decision of the registrar under this section may appeal to court . Except for the purposes of an appeal under this section or of an application under section 79 , a document or instrument in respect of which no entry has been made in the register in accordance with subsection (1), shall not be admitted in evidence in any court in proof of the title to a trademark unless the court otherwise directs.

Section Protectable subject matter Section A sign or combination of signs, capable of distinguishing goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark . Where a sign is not inherently capable of distinguishing the relevant goods or services, qualification for registration shall depend on distinctiveness acquired through use. A sign shall be capable of graphical representation in order to be registered.

Section Applicant for registration of a trade mark to conduct a search. Section A person who intends to apply for the registration of a trademark shall carry out a search to ascertain whether the trademark exists in the register upon payment of a prescribed fee

Section Preliminary advice by registrar as to distinctiveness Section A person who intends to apply for the registration of a trademark may obtain advice from the registrar as to whether the proposed trademark appears to the registrar to be inherently adapted to distinguish or capable of distinguishing goods or services of the proposed undertaking from those of other undertakings and the registrar shall advice accordingly. A person seeking advice under subsection (1) shall apply in the prescribed manner.

Section Application for registration Section Subject to this Act, the registrar may— A person who claims to be the owner of a trademark used or proposed to be used by him or her and is desirous of registering it shall apply in writing to the registrar in the prescribed form for registration in Part A or Part B of the register . refuse the application; or accept it absolutely or subject to amendments, modifications, conditions or limitations, as he or she may deem fit. In the case of an application for registration of a trademark in Part A of the register , other than a certification mark , the registrar may with consent of the applicant, instead of refusing the application, treat it as an application for registration in Part B and deal with the application accordingly. In the case of a refusal or conditional acceptance, the registrar shall, state in writing the grounds for his or her decision. A person aggrieved by the decision of the registrar may appeal to the court . An appeal under this section shall be made in the prescribed form and the court shall upon hearing the applicant and the registrar make an order determining whether and subject to what amendments, modifications, con...

Section Trademark to be for particular goods or services Section A trademark relating to goods or services shall be registered in respect of particular goods or classes of goods. A question arising as to the class within which goods or services fall shall be determined by the registrar .

Section Distinctiveness requisite for registration under part A Section In order for a trademark other than a certification mark to be registered in Part A of the register , the trademark shall contain or consist of at least one of the following essential particulars— For the purposes of this section, “distinctive” means— In determining whether a trademark is adapted to distinguish as goods or services, the registrar or the court may have regard to the extent to which— the name of a company, individual or firm, represented in a special or particular manner; the signature of the applicant for registration or of some predecessor in his or her business; an invented word or invented words; a word or words having no direct reference to the character or quality of the goods or services, and not being according to its ordinary signification, a geographical name or a surname ; or any other distinctive mark, but a name, signature or word or words, other than words within the descriptions in paragraphs (a), (b), (c) and (d), shall not be registrable under this paragraph except upon evidence of its distinctiveness. in the case of a trademark relating to goods, adapted in relation to the goods...

Section No action for unregistered trademark Section A person may not institute proceedings to prevent or to recover damages for an unregistered trademark .

Section Passing off Section Nothing in this Act shall be taken to affect a right of action against a person for passing off goods or services as the goods or services of another or the remedies in respect of the right of action.

Section Rights given by registration of goods in part A and infringement Section Without prejudice to the general effect of subsection (1), the right conferred by that subsection shall be taken to be infringed by a person who, not being the owner of the trademark or a registered user of the trademark uses by way of permitted use , a mark identical with or so nearly resembling it, as to be likely to deceive or cause confusion in the course of trade in relation to any goods of the same description where the use would result in a likelihood of confusion and in such a manner as to render the use of the mark likely to be taken— The right to the use of a trademark given by registration in Part A of the register shall not be taken to be infringed by the use of that mark by any person who— Subject to sections 41 and 24 , the registration before or after the commencement of this Act, of a person in Part A of the register as owner of a trademark other than a certification mark in respect of any goods shall, if valid, give or be taken to have given to that person the exclusive right to the use of the trademark in relation to those goods. as a trademark relating to goods; or in a case in which...

Section Rights given by registration of services in part A and infringement Section Without prejudice to the general effect of subsection (1), the right conferred by subsection (1) shall be taken to be infringed by a person who, not being the owner of the trademark or a person authorised by the owner for that purpose, uses it in connection with the provision of any services a mark identical with or nearly resembling it, in relation to services in respect of which it is registered or in relation to services of the same description where the use would result in a likelihood of confusion and in such a manner as to render the use of the mark likely to be taken— The right to the use of a certification mark given by registration in Part A of the register shall not be taken to be infringed by the use of that mark by a person who— in relation to services available for use with other services in relation to which the mark has been used without infringement of the right given by registration or might for the time being be so used, if— Subject to sections 41 and 24 , the registration of a person as owner of a trademark other than a certification trademark in respect of services, shall, give t...

Section Rights given by registration of goods in part B and infringement Section In an action for infringement of the right to the use of a trademark given by registration in Part B of the register , otherwise than by an act that is taken to be an infringement by virtue of section 34 , an injunction or other relief shall not be granted to the plaintiff if the defendant establishes to the satisfaction of the court that— Subject to subsection (2), the registration of a person in Part B of the register as owner of a trademark in respect of any goods shall, give or be taken to have given to that person a similar right in relation to those goods as if the registration had been in Part A of the register and section 36 shall have effect in a similar manner in relation to a trademark registered in respect of goods in Part B of the register as they have effect in relation to a trademark registered in Part A of the register. the use of which the plaintiff complains is not likely to deceive or cause confusion; or the use is not likely to be taken as indicating a connection in the course of trade between the goods and some person having the right either as owner or as registered user of the tr...

Section Rights given by registration of services in part B and infringement Section In an action for infringement of the right to the use of a trademark given by registration in Part B of the register otherwise than by an act that is taken to be an infringement by virtue of section 29 , an injunction or other relief shall not be granted to the plaintiff if the defendant establishes to the satisfaction of the court that— Subject to subsection (2), the registration of a person in Part B of the register as owner of a trademark in respect of any services shall, give to that person a similar right in relation to those services as if the registration had been in Part A of the register and section 37 shall have effect in a similar manner in relation to a trademark registered in respect of services in Part B of the register as they have effect in relation to a trademark registered in Part A of the register. the use of which the plaintiff complains is not likely to deceive or cause confusion; or the use is not likely to be taken as indicating that a person having the right either as owner; or as registered user to use the mark is connected in the course of business with the provision of the...

Section Infringement by breach of certain restrictions Section Where, by a contract in writing made with the owner or a permitted user of a registered trademark relating to goods or services a purchaser or owner of goods or services— The acts to which this section applies are— enters into an obligation to the effect that he or she will not do, in relation to the goods or services an act to which this section applies; and the purchaser or owner of goods or services having notice of the obligation, does act or authorises it to be done, in relation to the goods or services, in the course of trade or with a view to any dealing in the course of trade, Subsection (1) does not apply unless the person referred to as owner became the owner of the goods by purchase for money or money’s worth in good faith before receiving notice of the obligation or by virtue of a title derived through another who became the owner. the applicant of the trademark upon the goods or services after they have suffered alteration in a manner specified in the contract as respects their state or condition, get-up or packing; in a case in which the trademark is upon the goods or services, the alteration, part removal...

Section Saving of vested rights Section Nothing in this Act shall entitle the owner or a registered user of a registered trademark to interfere with or restrain the use by a person of a trademark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title has continuously used that trademark from a date before— the use of the trademark in relation to those goods or services by the owner or a predecessor in title; or the registration of the trademark in respect of those goods or services in the name of the owner or a predecessor in title, whichever is the earlier or to object on the use being proved to that person being put on the register for that identical or nearly resembling trademark in respect of those goods or services under section 27 .

Section Words used as name or description of an article or substance Section Where— Where the facts mentioned in subsections (2) (a) and (b) are proved with respect to a word or words, then— For the purposes of any other legal proceedings relating to the trademark if— The registration of a trademark shall not be taken to have become invalid by reason only, of a use, after the date of the registration, of a word or words, which the trademark contains or of which it consists as the name or description of an article or substance. there is a well-known and established use of the word or words as the name or description of the article or substance by a person or persons carrying on a trade, not being used in relation to goods connected in the course of trade with the owner or a registered user of the trademark or in the case of a certification mark goods certified by the owner; or the article or substance was formerly manufactured under a patent, and a period of two years or more after the expiry of the patent has elapsed and the word or words is or are the only practicable name or description of the article or substance, subsection (3) shall have effect. if the trademark consists solel...

Section Words used as name or description of an activity Section The facts mentioned in subsection (2) are proved with respect to any word or words, where— for the purposes of any other legal proceedings relating to the trademark if— The registration of a trademark relating to services shall not be taken to have become invalid by reason only of any use, after the date of registration, of a word or words, which the trademark contains or of which it consists, as the name or description of some activity. Where it is proved that there is a well known and established use of the word or words as the name or description of some activity by a person or persons providing services which include that activity, not being used in relation to services with the provision of which the owner or a registered user of the trademark is connected, in the course of business subsection (2) shall have effect. the trademark consists solely of that word or those words, the registration of the trademark , so far as regards registration in respect of the activity in question, shall be taken for the purposes of section 4 to be an entry wrongly remaining on the register; the trademark contains that word or those...

Section Protection of marks registered in a country of origin Section 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— 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— An application to register shall not be refused under this section where— the same goods; the same description of goods; or services or a description of services which are associated with those goods or goods of that description, the same services; the same description of services; or goods or a description of goods which are associated with those services or services of that description, the applicant proves that he or she...

Section Removal of trademark from register on proof of prior registration in country of origin Section Subject to subsection (3), the court may, on application in writing within seven years from the registration in Uganda of a trademark relating to goods by a person aggrieved by the registration, remove that trademark from the register if it is proved to the satisfaction of the court that the trademark is identical with or nearly resembles a trademark which was, prior to the registration in Uganda of the trademark , registered in respect of— Subject to subsection (3), the court may, on application in writing made within seven years from the registration in Uganda of a trademark relating to services by a person aggrieved by the registration, remove that trademark from the register if it is proved to the satisfaction of the court that the trademark is identical with or nearly resembles a trademark which was, prior to the registration in Uganda of the trademark referred to subsection (1), registered in respect of— A trademark shall not be removed from the register under this section in the following cases if— the applicant does not prove— the same goods; the same description of goods;...

Section Penalties and compensation Section In addition to any punishment imposed by the court in respect of an offence under this Act in an action for infringement, a relief by way of damages, injunctions, account of profits or otherwise, shall be available to the plaintiff as in any other corresponding proceedings in respect of infringements of other proprietary rights and in that action the court may give such orders as are necessary to— In proceedings to which subsection (1) (a) applies— enable the plaintiff to obtain evidence of an infringement which he or she intends to adduce at the trial; prohibit the defendant from removing his or her assets from the jurisdiction of the court or otherwise wasting them, to the extent that those assets are necessary to satisfy the plaintiff’s claim if he or she succeeds at the trial. a person shall not be excused from answering a question put to that person or complying with an order made under that subsection by reason only that to do so would tend to expose that person or his or her spouse to criminal proceedings under this Act; a statement of admission made by a person in answer to a question put or an order made, in accordance with that s...

Section Inspectors Section The Board shall in consultation with the registrar designate for the purposes of enforcing this Act, such number of inspectors as may be necessary and shall issue to them, in writing or in a prescribed form, certificates of authority to act as inspectors. In addition to inspectors designated under subsection (1), the registrar may authorise a member from the registry or a police officer to perform the functions of an inspector under this Act. A person designated or authorized as an inspector under this section shall hold office subject to such conditions as the Board may determine with approval of the Minister .

Section Entry into premises Section Subject to this Act, an inspector may, at any reasonable time and on production of his or her certificate of authority, enter any premises, ship, aircraft or vehicle for the purpose of ascertaining whether there is or has been, on or in connection with those premises, ship, aircraft or vehicle any contravention of this Act.

Section Mode of inspection of premises Section For the purpose of ascertaining whether there is or has been a contravention of this Act, an inspector may inspect— A person who— a substance or article appearing to him or her to be an infringed trademark ; a container or package appearing to him or her to be used or intended to be used for infringement; or a plant or equipment appearing to him or her to be used or intended to be used in connection with the production, reproduction or otherwise manufacture an infringing trademark . An inspector may seize and detain a substance or article which he or she has reasonable cause to believe to be an infringing trademark of any work or in relation to which or by means of which he or she has reasonable cause to believe that an offence under this Act has been or is being committed and any document which he or she has reasonable cause to believe to be a document which may be required in proceedings under this Act. Where an inspector seizes any substance or article, he or she shall notify in writing the person from whom it is seized, the fact of that seizure, and shall in that notification specify the item seized. wilfully obstructs an inspector...

Section Inspectors or public officers not personally liable Section An inspector or public officer shall not be personally liable for an act done in good faith by him or her in the course of his or her employment and in the execution or purported execution of any duty under this Act.