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Uganda Act or statute

Parliament of Uganda

Trademarks Act, 2010

This section provides definitions of terms (for example: “assignment”, “board”, “certification mark”, “court”, “currency point”, “limitation”, “Minister”, “passing off”, “permitted use”, “register”, “registered…

Jurisdiction
Uganda
Structure
99 provisions
Citation
Act 17 of 2010
Dates
As at 3 Sept 2010
More statute details
Dates
As at 3 Sept 2010

Source attribution: Source: Uganda Legal Information Institute

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Official source

01

Purpose and legislative effect

“This section provides definitions of terms (for example: “assignment”, “board”, “certification mark”, “court”, “currency point”, “limitation”, “Minister”, “passing off”, “permitted use”, “register”, “registered trademark”, “registrar”, “sign or mark”, “surname”, “trademark”, and “transmission”) to be used in the Act.”

This section provides definitions of terms (for example: “assignment”, “board”, “certification mark”, “court”, “currency point”, “limitation”, “Minister”, “passing off”, “permitted use”, “register”, “registered trademark”, “registrar”, “sign or mark”, “surname”, “trademark”, and “transmission”) to be used in the Act. The registrar must keep a manual register of trademarks in the office, may keep an electronic register under prescribed safeguards, must record specified particulars and divide the register into Part A and Part B, and the registrar controls the register. A person who applies for a certified copy or extract from the register is entitled to obtain it in documentary form or otherwise upon payment of a prescribed fee. The registrar or court may consider the extent to which a trademark can distinguish goods or services when determining capability of distinguishing for Part B registration. The registrar may publish an application before acceptance in specified cases; if an application is accepted the registrar must publish it for 60 days and may republish it but is not obliged to do so.

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Preliminary - Interpretation

This section provides definitions of terms (for example: “assignment”, “board”, “certification mark”, “court”, “currency point”, “limitation”, “Minister”, “passing off”, “permitted use”, “register”, “registered trademark”, “registrar”, “sign or mark”,…

Section 1

Offences - Offences by companies and other bodies

If an offence is committed by a body corporate, every director and the secretary are treated as having committed it; similarly, if committed by a partnership or other non-corporate body, every partner or member is treated as having committed it.…

Section 80

04

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Source record from ulii.org · As at 3 Sept 2010

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Showing 99 of 99 provisions

Provision 75Offence 13Commencement 4Amendment 4

Part I

Preliminary

§ 1Preliminary - InterpretationInterpretation

This section provides definitions of terms (for example: “assignment”, “board”, “certification mark”, “court”, “currency point”, “limitation”, “Minister”, “passing off”, “permitted use”, “register”, “registered trademark”, “registrar”, “sign or mark”, “surname”, “trademark”, and “transmission”) to be used in the Act.

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 ” means an officer designated as registrar of trademarks under the Uganda Registration Services Bureau Act; “ sign or mark ” includes any word, symbol, slogan, logo, sound, smell, colour, brand label, name, signature, letter, numeral or any combination of them; “ surname ” means a name by which a person is customarily known by members of the community to which he or she belongs; “ trademark ” means, a sign or mark or combination of signs or marks capable of being represented graphically and capable of distinguishing goods or services of one undertaking from those of another undertaking; “ transmission ” means devolution by operation of law, devolution on the personal representative of a deceased person or any other mode of transfer not being an assignment . References in this Act to the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark.
Section 1Verify source

Part II

Register of trademarks

§ 2Register of trademarks - Register of trademarksProvision

The registrar must keep a manual register of trademarks in the office, may keep an electronic register under prescribed safeguards, must record specified particulars and divide the register into Part A and Part B, and the registrar controls the register.

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 2Verify source
§ 3Register of trademarks - Copies and extracts from the registerProvision

A person who applies for a certified copy or extract from the register is entitled to obtain it in documentary form or otherwise upon payment of a prescribed fee.

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 3Verify source

Part III

Procedure and duration of registration

§ 10Procedure and duration of registration - Capability of distinguishing requisite for registration under part BProvision

The registrar or court may consider the extent to which a trademark can distinguish goods or services when determining capability of distinguishing for Part B registration.

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 subject to limitations, in relation to use within the extent of the registration. the trademark is inherently capable of distinguishing goods or services; and by reason of the use of the trademark or of any other circumstances, the trademark is in fact capable of distinguishing goods or services. A trademark may be registered in Part B notwithstanding any registration in Part A in the name of the same owner of the same trademark or a part or parts of the trademark .
Section 10Verify source
§ 11Procedure and duration of registration - Publication of applicationProvision

The registrar may publish an application before acceptance in specified cases; if an application is accepted the registrar must publish it for 60 days and may republish it but is not obliged to do so.

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 11Verify source
§ 12Procedure and duration of registration - Objection to registrationProvision

Allows a person to object to a registration within the prescribed time by giving written notice stating grounds; prescribes steps for registrar, applicant, hearings, appeals to court, restrictions on new grounds on appeal, withdrawal without costs in some cases, possible requirement for security for costs, and that the court may permit registration with modifications.

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 parties and the registrar and shall make an order determining whether and subject to what conditions or limitations registration is to be permitted. On hearing of an appeal under this section any party, may, either in the manner prescribed or by special leave of the court , bring forward further material for the consideration of the court . On an appeal under this section no further grounds of objection to the registration of a trademark shall be allowed to be taken by the person objecting or the registrar , other than those stated by the person objecting, except by leave of the court . Where any further grounds of objection are taken, the applicant is entitled to withdraw his or her application without payment of the costs of the person objecting on giving notice as prescribed. On hearing the appeal, the court may permit the trademark proposed, to be registered and modified in a manner not substantially affecting its identity and the modified trademark shall be published in the prescribed form before being registered. Where a person who gives notice of an objection or an applicant who sends a counter statement after receipt of a copy of a notice or an appellant, does not reside or carry on business in the East African Community, the court or the registrar may require him or her to give security for costs of the proceedings before the court or the registrar relating to the objection or to the appeal, as the case may be, and if the security is not given may treat the objection or application or the appeal as abandoned.
Section 12Verify source
§ 13Procedure and duration of registration - Marks registrable as certification marksProvision

Marks adapted to distinguish goods or services certified by a person shall be registrable as certification marks in that person's name, but a person who trades in the certified goods or is connected with the provision of certified services may not register such a mark in their name.

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 is inherently adapted to distinguish goods or services in relation to the goods or services in question; and by reason of the use of the mark or of any other circumstances, the mark is in fact adapted to distinguish goods or services in relation to the goods or services in question. The fact that a mark consists of signs or indications which may serve, in trade, to designate the geographical origin of goods or services shall not preclude it from being registered as a certification trademark in Part A of the register in respect of those goods or services. Nothing in this Act shall entitle the owner of a certification trademark that consists of signs or indications described in subsection (6) to interfere with or restrain the use by any person of signs or indications the use of which is in accordance with honest practices in industrial or commercial matters.
Section 13Verify source
§ 14Procedure and duration of registration - Application for registration of a certification markProvision

An applicant (the person proposed to be registered as owner) must apply in writing in the prescribed manner and send draft regulations; the registrar must consider the application and may refuse or accept and approve regulations, subject to giving the applicant a hearing unless accepted without modification.

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 services in respect of which the mark is to be registered; whether the draft rules are satisfactory; and refuse to accept the application; or accept the application and approve the regulations, without modification or subject to conditions or limitations or to any amendments or modifications of the application or of the rules, which he or she may think necessary having regard to the matters in this subsection. Except where the registrar accepts and approves the application without modifications and conditions, he or she shall not decide the matter without giving the applicant an opportunity to be heard. Sections 7 (2) and (4) to (7) shall have effect in relation to an application under this section as they have effect in relation to an application under section 7 (1). In dealing with an application under this section the court shall have regard to similar considerations, so far as relevant, as if the application were an application under section 7 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification mark comprises some indication that it is a certification mark. A person aggrieved by the decision of the registrar under this section may appeal to court .
Section 14Verify source
§ 15Procedure and duration of registration - Publication of application, objection to registration of certification marksProvision

The registrar must publish accepted certification-mark applications and, when objections arise, decide after hearing parties whether registration is permitted, following specified considerations.

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 15Verify source
§ 16Procedure and duration of registration - RegistrationProvision

When a trademark registration is completed, the registrar must issue the applicant a prescribed certificate; if registration is not completed within twelve months due to applicant default, the registrar may, after written notice, treat the application as abandoned unless completed within the notice period.

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 16Verify source
§ 17Procedure and duration of registration - Alteration of deposited rules or expunging or varying of entry in register relating to certification markProvision

The court may order expunging or varying a certification-mark register entry or deposited regulations on application and specified grounds; the registrar may publish and alter deposited rules and must give parties a hearing if objections are timely and must rectify the register to give effect to court orders.

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 provision of the deposited regulations to be observed on his or her part; it is no longer to the public advantage that the trademark should be registered; or it is necessary for the public advantage that, if the trademark remains registered, the rules should be varied. The registrar shall rectify the register or the deposited rules in such manner as may be necessary to give effect to an order made under subsection (4)(a).
Section 17Verify source
§ 18Procedure and duration of registration - Registration in part A to be conclusive as to validity after seven yearsProvision

After seven years from the date of a trademark's registration in Part A, the original Part A registration is to be taken as valid in all respects unless it was obtained by fraud or the trademark contravenes section 23(1); subsection (1) does not apply to trademarks registered under Part B.

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 18Verify source
§ 19Procedure and duration of registration - Registration subject to disclaimerProvision

The registrar or the court may require the trademark owner, as a condition of entry or continued registration, to disclaim any exclusive rights in non‑distinctive parts or to make another disclaimer necessary to define the owner's rights.

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 in respect of which the disclaimer is made.
Section 19Verify source
§ 20Procedure and duration of registration - Registration of jointly owned trademarksProvision

Defines when two or more persons are regarded as jointly owning a trademark: when none may use the mark except on behalf of all, or in relation to an article with which they are connected in trade; and states that the Act does not authorise registration of persons who use a mark independently as joint owners.

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 20Verify source
§ 21Procedure and duration of registration - Duration and renewal of registrationProvision

The registrar must renew a trademark registration on application by the registered owner in the prescribed manner and period, and renewal is subject to payment of a prescribed fee.

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 21Verify source
§ 22Procedure and duration of registration - Procedure on expiry of period of registrationProvision

Before an initial trademark registration expires, the registrar must notify the registered owner of the expiration date and renewal conditions; if renewal conditions are not met by expiry, the registrar may remove the trademark from the register subject to prescribed restoration conditions.

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 22Verify source
§ 23Procedure and duration of registration - Restriction on registrationCommencement

The registrar must not register as a trademark any matter whose use would likely deceive or would be contrary to law, morality or be scandalous.

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 in association with a suitable name or description open to public use. the shape that results from the nature of the goods themselves; the shape of goods that is necessary to obtain a technical result; or the shape that gives substantial value to the goods.
Section 23Verify source
§ 24Procedure and duration of registration - Saving in respect of use of name, address or description of goods or servicesProvision

Registration of a trademark does not prevent a person from bona fide using their own name or business-place name, or bona fide descriptions of the character or quality of their goods or services (subject to references to sections 36(2)(b) and 37(2)(b)).

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 24Verify source
§ 25Procedure and duration of registration - Prohibition of registration of identical and resembling trademarksProvision

Trademarks that are identical with or nearly resemble an already-registered trademark of a different owner must not be registered for the same or associated goods or services.

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 25Verify source
§ 26Procedure and duration of registration - Application for registration of identical or resembling trademarksProvision

The registrar or the court may require the trademark owner, as a condition of registration or continued registration, to disclaim exclusive rights (or make another necessary disclaimer); such a disclaimer generally does not affect the owner's rights except where it arises from the registration concerned.

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 respect of which the disclaimer is made.
Section 26Verify source
§ 27Procedure and duration of registration - Concurrent useProvision

The registrar or court may allow more than one owner to be registered for the same or associated goods or services in cases of honest concurrent use or other special circumstances, subject to imposed conditions and limitations.

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 27Verify source
§ 28Procedure and duration of registration - Status of trademarks removed from the registerProvision

Subsection (1) does not apply if the registrar or the court is satisfied that either there was no bona fide trade use of the removed trademark in the two years before removal, or that no deception/confusion would likely arise from its prior use; the provision also addresses status after removal for non-payment in relation to a one-year period.

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 28Verify source
§ 29Procedure and duration of registration - Associated trademarksAmendment

The registrar may, on application by the registered owner and if satisfied there would be no likelihood of deception or confusion, dissolve the association between associated trademarks and amend the register; a person aggrieved by the registrar's decision may appeal to the court.

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 trademarks, the registrar may dissolve the association as regards any of them if he or she is satisfied that there would be no likelihood of deception or confusion being caused if that trademark was used by another person in relation to any of the goods or services in respect of which it is registered and he or she may amend the register accordingly. A person aggrieved by the decision of the registrar under this section may appeal to the court .
Section 29Verify source
§ 30Procedure and duration of registration - Series of trademarksAmendment

The registrar may dissolve an association of registered trademarks and amend the register after an application by the registered owner if there is no likelihood of deception or confusion; a person aggrieved by the registrar's decision shall appeal to the court.

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 registrar shall appeal to the court .
Section 30Verify source
§ 31Procedure and duration of registration - Rights and exception of assignment, licensing and transmission of trademarks relating to goods or servicesProvision

Rules on assignment, licensing and transmission of trademarks relating to goods or services, including requirements for assignees to apply for directions and advertise assignments and that owners may licence others.

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 with the goodwill of a business or not. A registered trademark relating to goods or services shall be assignable and transmissible in respect of all the goods in respect of which it is registered or of some of those goods or services. the mark is or was used in the same business as a registered trademark ; and the mark was assigned or transmitted at the same time and to the same person as that registered trademark and in respect of goods or services all of which are goods or services in relation to which the unregistered trademark was used in that business and in respect of which that registered trademark is or was assigned or transmitted. the same goods or services; the same description of goods or services; or goods or services or descriptions of goods or services which are associated with each other, of trademarks nearly resembling each other or of identical trademarks, if having regard to the similarity of the goodsor services or the association of goods or services or descriptions of goods or services and to the similarity of the trademarks, the use of the trademarks in exercise of those rights, would be likely to deceive or cause confusion. Where a trademark is or has been assigned or transmitted as in subsection (3), the assignment or transmission shall not be taken to be invalid under this subsection if the exclusive rights subsisting as a result in the persons concerned respectively are, having regard to limitations imposed, not to be exercisable by two or more of those persons in relation to goods to be sold or otherwise traded in, within Uganda otherwise than for export or in relation to goods to be exported to the same market outside Uganda. The owner of a registered trademark who proposes to assign it in respect of goods or services in respect of which it is registered may submit to the registrar in the prescribed manner a statement of case setting out the circumstances and the registrar may issue him a certificate stating whether, having regard to the similarity of the goods or the association of the goods or services or descriptions of goods and to the similarity of the trademarks referred to in the case, the proposed assignment would or would not be invalid under subsection (4). A certificate issued shall, unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity under subsection (4) of the assignment in so far as the validity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application of the registration under section 17 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued. the assignee must, not latter than the expiration of six months from the date on which the assignment is made or within an extended period as the registrar may allow, apply to him or her for directions with respect to the advertisement of the assignment ; and shall advertise the assignment in the form and manner and within the period as the registrar may direct. A person aggrieved by the decision of the registrar under this section may appeal to court . For avoidance of doubt, the owner of a trademark may licence another person to use his or her trademark . The rights to a trademark shall be subject to transmission to the personal representative of the owner on his or her death.
Section 31Verify source
§ 32Procedure and duration of registration - Certain trademarks to be associated so as to be assignable as a wholeProvision

Associated trademarks must be assigned and transmitted only as a whole and not separately.

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 32Verify source
§ 33Procedure and duration of registration - Registration of assignments and transmissionProvision

When someone becomes entitled to a registered trademark by assignment or transmission they must apply to the registrar, and the registrar must register them on receipt of the application and satisfactory proof of title; an aggrieved person may appeal to court.

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 33Verify source
§ 4Procedure and duration of registration - Protectable subject matterProvision

A sign must be able to distinguish goods or services and be graphically representable to be registered as a trademark; if not inherently distinctive, distinctiveness must be acquired through use.

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 4Verify source
§ 5Procedure and duration of registration - Applicant for registration of a trade mark to conduct a search.Provision

A person intending to apply to register a trademark must carry out a search to check whether the trademark exists in the register and must pay a prescribed fee.

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 5Verify source
§ 6Procedure and duration of registration - Preliminary advice by registrar as to distinctivenessProvision

Prospective trademark applicants may request the registrar's advice on whether a proposed trademark is capable of distinguishing goods or services, and the registrar must give that advice; applicants seeking such advice must apply in the prescribed manner.

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 6Verify source
§ 7Procedure and duration of registration - Application for registrationAmendment

Applicants must apply in writing in the prescribed form; the registrar may refuse or accept applications (with conditions), must state grounds for refusal/conditional acceptance in writing, and aggrieved persons may appeal to court; applicants may withdraw or correct/amend applications in certain circumstances.

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, conditions or limitations, the application is to be accepted. Appeals under this section shall be heard only on the grounds stated by the registrar and no further grounds of objection to the acceptance of the application shall be allowed to be made by the registrar other than those stated under subsection (4) except by leave of the court . Where any further grounds of objection are allowed by the court , the applicant may withdraw his or her application without payment of costs, on giving notice as prescribed. The registrar or the court may at any time whether before or after acceptance, correct any error in or in connection with the application or may permit the applicant to amend his or her application upon terms as the registrar or the court , may think fit.
Section 7Verify source
§ 8Procedure and duration of registration - Trademark to be for particular goods or servicesProvision

A trademark relating to goods or services must be registered in respect of particular goods or classes of goods.

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 8Verify source
§ 9Procedure and duration of registration - Distinctiveness requisite for registration under part AProvision

For registration in Part A a trademark must contain or consist of at least one of the listed essential particulars; the registrar or the court may have regard to specified factors when deciding distinctiveness.

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 in respect of which the trademark is registered or proposed to be registered, to distinguish goods with which the owner of the trademark is or may be connected, in the course of trade, from goods in the case of which no connection subsists; or in the case of a trademark relating to services, adapted in relation to services in respect of which the trademark is registered or proposed to be registered, to distinguish services with which the owner of the trademark is or may be connected in the course of trade, from services with the provision of which he or she is not connected, generally or, where the trademark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration. the trademark is inherently adapted to distinguish goods or services; and by reason of the use of the trademark or of any other circumstances, the trademark is in fact adapted to distinguish goods or services.
Section 9Verify source

Part IV

Effect of registration and action for infringement

§ 34Effect of registration and action for infringement - No action for unregistered trademarkProvision

A person may not bring proceedings to prevent or to recover damages for an unregistered trademark.

Section No action for unregistered trademark Section A person may not institute proceedings to prevent or to recover damages for an unregistered trademark .
Section 34Verify source
§ 35Effect of registration and action for infringement - Passing offProvision

The Act does not affect a right of action against a person for passing off goods or services as those of another, nor the remedies for that right.

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 35Verify source
§ 36Effect of registration and action for infringement - Rights given by registration of goods in part A and infringementCommencement

Registration in Part A gives the registrant the exclusive right to use the trademark in relation to the registered goods.

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 the use of the goods or in physical relation to the goods or in any publishing circular or other publication issued to the public, as importing a reference to some person having the right as owner or as registered user of the trademark or to goods with which that person is connected in the course of trade. The right to the use of a trademark given by registration in Part A of the register , shall be subject to conditions or limitations entered on the register and shall not be taken to be infringed by the use of that mark in any mode, in relation to goods to be sold or otherwise traded in a place, in relation to goods to be exported to a market or in any circumstances, to which, having regard to the limitations, the registration does not extend. in relation to goods connected in the course of trade with the owner or a registered user of the trademark if, as to those goods or a bulk of which they form part, the owner or the registered user conforming to the permitted use has applied the trademark and has not subsequently removed or obliterated it or has at any time expressly or impliedly consented to the use of the trademark ; or in relation to goods adapted to form part of or to be accessory to other goods, in relation to which the trademark has been used without infringement of the right given by registration in Part A of the register or might for the time being so used, if the use of the mark is reasonably necessary in order to indicate that goods are adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact a connection in the course of trade between a person and the goods. The use of a registered trademark relating to goods, being one of two or more registered trademarks relating to goods which are identical or nearly resemble each other, in exercise of the right to the use of that trademark given by registration in Part A of the register , shall not be taken to be an infringement of the right so given the use of any other of those trademarks.
Section 36Verify source
§ 37Effect of registration and action for infringement - Rights given by registration of services in part A and infringementProvision

Registration as owner (Part A) of a trademark (other than a certification mark) gives the registrant the exclusive right to use the trademark for the registered services; use by a person who is not the owner (or authorised by the owner) in connection with those services or similar services that is likely to cause confusion is an infringement.

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 to that person in Part A of the register the exclusive right to the use of the trademark in relation to those services. as a trademark relating to services; or in a case in which the use is near the place where the services are available for acceptance or performed or in an advertising circular or other advertisement issued to the public as importing a reference to some person having a right either as owner or by his authorisation under the relevant regulations to use the mark or services with the provision of which that person is connected in the course of business. The right to the use of a trademark given by registration in Part A of the register shall be subject to conditions or limitations entered on the register and shall not be taken to be infringed by the use of that mark in any mode, in relation to services for use or available for acceptance in a place, country or territory or in any other circumstances, to which, having regard to the limitations, the registration does not extend. in relation to services to which the owner of the mark or a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been certified by the owner; in relation to services the provision of which is connected in the course of business with the owner or the registered user of the mark, where the owner or registered user has at any time expressly or impliedly consented to the use of the mark; or the use of the mark is reasonably necessary in order to indicate that the services are available for that use; and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact a connection in the course of business between a person and the provision of those services. The use of a registered trademark relating to services, being one or two or more registered trademarks relating to services that are identical or nearly resemble each other, in exercise of the right to the use of that trademark given by registration, shall not be taken to be an infringement of the right given to the use of any other of those trademarks.
Section 37Verify source
§ 38Effect of registration and action for infringement - Rights given by registration of goods in part B and infringementProvision

The court must not grant an injunction or other relief to a plaintiff for infringement of a Part B registered trademark if the defendant proves to the court's satisfaction specified facts (including that Part B registration confers rights like Part A, and that the complained use is unlikely to deceive or indicate a connection).

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 trademark .
Section 38Verify source
§ 39Effect of registration and action for infringement - Rights given by registration of services in part B and infringementProvision

Registration in Part B confers on the registrant similar rights in relation to services as registration in Part A; however, a court shall not grant an injunction or other relief to the plaintiff if the defendant proves the complained-about use is unlikely to deceive or to indicate a business connection.

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 services.
Section 39Verify source
§ 40Effect of registration and action for infringement - Infringement by breach of certain restrictionsProvision

If a purchaser or owner of goods or services, having notice of a written contractual obligation with the trademark owner or permitted user, agrees not to perform certain acts in relation to those goods or services, they must not do those acts in the course of trade.

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 or part obliteration of the trademark ; in a case in which the trademark is upon the goods or services and there is also other matter, being matter indicating a connection in the course of trade between the owner or registered user and the goods or services, the removal or obliteration wholly or partly, of the trademark unless that other matter is wholly removed or obliterated; in a case in which the trademark is upon the goods or services, the application of any other trademark to the goods or services; and in a case in which the trademark is upon the goods, the addition to the goods or services of any other matter in writing that is likely to injure the reputation of the trademark . In this section, references in relation to goods or services to the owner, a registered user and to the registration of a trademark shall be construed respectively, as references to the owner in whose name the trademark is registered, a registered user who is registered and to the registration of the trademark , in respect of those goods or services and the expression “upon” includes in relation to any goods or services a reference to physical relation to the goods or services.
Section 40Verify source
§ 41Effect of registration and action for infringement - Saving of vested rightsProvision

Owners or registered users of a registered trademark may not interfere with or restrain a person's use of an identical or nearly resembling trademark where that person (or predecessor) has continuously used it from a date earlier than the owner's use or the owner's registration, or object when that use is proved under section 27.

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 41Verify source
§ 42Effect of registration and action for infringement - Words used as name or description of an article or substanceCommencement

The registrar or a court may require a trademark owner to disclaim exclusive rights to words used as the name or description of an article or substance; such a disclaimer does not affect other rights except those disclaimed.

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 solely of that word or those words, the registration of the trademark , so far as regards registration in respect of the article or substance in question or any goods of the same description, shall be taken for the purposes of section 93 to be an entry wrongly remaining on the register; if the trademark contains that word or those words, the registrar or the court , in deciding whether the trademark shall remain on the register , so far as regards registration in respect of the article or substance in question and of goods of the same description, may in case of a decision in favour of its remaining on the register , require that the owner shall disclaim a right to the exclusive use in relation to that article or substance and goods of the same description of that word or those words. A disclaimer under subsection (3)(b) on the register shall not affect rights of the owner of a trademark except the rights in respect of which the disclaimer is made. the trademark consists only of that word or those words referred to in subsection (3), all rights of the common law or by registration, to the exclusive use of the trademark in relation to the article or substance in question or to goods of the same description; or the trademark contains that word or those words and other matter, all rights of the owner to the exclusive use of that word or those words in that relation, A word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall not be registered as a trademark 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 89 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register as the circumstances may require. Sub-sections (1) to (4) 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 in association with a suitable name or description open to the public use.
Section 42Verify source
§ 43Effect of registration and action for infringement - Words used as name or description of an activityProvision

The registrar or the court may require a trademark owner to disclaim exclusive rights to a word used as the name or description of an activity when deciding whether the trademark should remain on the register.

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 words and other matter, the registrar or the court , in deciding whether the trademark shall remain on the register , so far as regards registration in respect of the activity in question, may, in case of a decision in favour of its remaining on the register , require that the owner shall disclaim any right to the exclusive use in relation to that activity of that word or those words, that no disclaimer on the register shall affect any rights of the owner of a trademark except where the disclaimer arises out of the registration of the trademark in respect of which the disclaimer is made; and the trademark consists solely of that word or those words, all rights of the owner whether under the common law or by registration, to the exclusive use of the trademark in relation to the activity in question; or the trademark contains that word or those words, all rights of the owner to the exclusive use of that word or those words,
Section 43Verify source
§ 44Effect of registration and action for infringement - Protection of marks registered in a country of originProvision

Subject to subsection (3), the registrar may refuse to register a trademark (for goods or services) if the person opposing the application proves the mark is identical with or nearly resembles a trademark already registered in the country or place of origin, except where the applicant proves prior continuous use in Uganda or the objector fails to give an undertaking to apply for registration in Uganda within three months; protection is conditional on reciprocal treatment by the country of origin.

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 or his or her predecessors in business have in Uganda, in relation to the goods or services, continuously used the trademark for the registration of which he or she has made application from a date before the date of the registration of the other mark in the country or place of origin; or the person objecting does not give an undertaking to the satisfaction of the registrar that he or she will, within three months from the giving of the notice of objection, apply for registration in Uganda of the trademark registered in the country or place of origin and will take all necessary steps to complete the registration. 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.
Section 44Verify source
§ 45Effect of registration and action for infringement - Removal of trademark from register on proof of prior registration in country of originProvision

The court may remove a registered trademark on written application by an aggrieved person made within seven years if the court is satisfied the mark is identical or nearly resembles an earlier-registered mark in the country of origin, subject to specified exceptions and reciprocal treatment.

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; 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 owner of the trademark consented to the registration in Uganda of the trademark referred to in subsection (1); or 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 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; 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 that the trademark registered in the country or place of origin was first registered there within the period of five years, 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.
Section 45Verify source

Part IX

Miscellaneous

§ 81Miscellaneous - Penalties and compensationOffence

A plaintiff in an action for infringement may obtain relief such as damages, injunctions or account of profits in addition to any criminal punishment; the court may make orders to enable evidence, restrain defendants from removing or wasting assets, and may order forfeiture of infringing materials.

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 subsection is not admissible in criminal proceedings brought under this Act against that person or his or her spouse, except that nothing in this paragraph shall render that statement or admission inadmissible in proceedings against that person for perjury or contempt of court . The court may order that all counterfeits, imitations and all other materials involved in the infringement be forfeited and disposed of as the court may direct. For the purposes of this Part, “owner of trademark ” means the registered owner, an assignee or an exclusive licensee, as the case may be, of the trademark .
Section 81Verify source
§ 82Miscellaneous - InspectorsProvision

The Board must designate inspectors and issue them written certificates; the registrar may authorise registry members or police officers to act as inspectors; inspectors hold office subject to conditions the Board sets with Ministerial approval.

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 82Verify source
§ 83Miscellaneous - Entry into premisesProvision

An inspector may enter any premises, ship, aircraft or vehicle at any reasonable time, on production of their certificate of authority, to ascertain contraventions of the Act.

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 83Verify source
§ 84Miscellaneous - Mode of inspection of premisesOffence

Inspectors may inspect premises and seize suspected infringing articles for the purpose of ascertaining contraventions; if an inspector seizes an item they must notify in writing the person from whom it was seized; persons must not obstruct or refuse assistance to inspectors or give false statements.

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 in the discharge of the inspector’s duties; wilfully fails to comply with any requirement properly made to him or her by an inspector; without reasonable cause fails to give to the inspector any assistance or information which the inspector may reasonably require of him or her for the purpose of the performance of his or her duties under this Act; or makes a statement which he or she knows to be false or which he or she does not believe to be true,
Section 84Verify source
§ 85Miscellaneous - Inspectors or public officers not personally liableProvision

Inspectors and public officers are not personally liable for acts done in good faith in the course of their employment or in executing (or purportedly executing) any duty under the Act.

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.
Section 85Verify source
§ 86Miscellaneous - Suspension of release by customs authoritiesProvision

Trademark owners or registered users who reasonably suspect imported goods infringe their trademark may apply in writing to a competent court or authority to have customs suspend release into free circulation; applicants who apply must provide adequate evidence and a detailed description of the goods, and the court or competent authority must inform the applicant within a reasonable period whether the application is accepted and, where determined, the period of suspension.

Section Suspension of release by customs authorities Section An owner or registered user of a trademark who has reasonable grounds for suspecting that some goods imported bear an infringing trademark or that importation may take place, may lodge an application in writing with the competent court or any other competent authority for the suspension by the customs authorities of the release into free circulation of the goods. An owner or registered user of a trademark who lodges an application under subsection (1) shall provide adequate evidence to satisfy the court or any other competent authority that, under the laws of Uganda, there is prima facie an infringement of his or her right and shall supply a sufficiently detailed description of the goods to make them readily recognisable by the customs authorities. The court or any other competent authority shall inform the applicant within a reasonable period whether they have accepted the application and where determined by the competent authorities, the period for which the customs authorities will take action for the suspension by the customs authorities of the release into free circulation of the goods.
Section 86Verify source
§ 87Miscellaneous - FeesProvision

Fees shall be paid as may be prescribed by the Minister.

Section Fees Section There shall be paid in respect of applications, registration and other matters under this Act such fees as may be prescribed by the Minister
Section 87Verify source
§ 88Miscellaneous - General power to rectify entries in registerProvision

Allows an aggrieved person to apply to the court or registrar to rectify register entries; grants the court and registrar powers to order changes and to decide related questions; requires the court to direct service of notice and the registrar to rectify on receipt of notice.

Section General power to rectify entries in register Section A person aggrieved by an omission, entry, error, defect or an entry wrongly remaining on the register , may apply in the prescribed manner to the court and subject to section 64 , to the registrar, and the court or the registrar may make an order for making, expunging or varying the entry as the court or the registrar, as the case may be, may think fit. The court or the registrar may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of the register . In case of fraud in the registration, assignment or transmission of a registered trademark , the registrar may himself or herself apply to the court under this section. An order of the court rectifying the register shall direct that the notice of the rectification be served in the prescribed manner on the registrar and the registrar shall, on receipt of the notice, rectify the register accordingly.
Section 88Verify source
§ 89Miscellaneous - Power to expunge or vary registration for breach of conditionProvision

The court or the registrar may order that a trademark registration be expunged or varied if, on application and subject to section 64, there has been a contravention of or failure to observe a condition entered on the register.

Section Power to expunge or vary registration for breach of condition Section On application by a person aggrieved to the court , and subject to section 64 , to the registrar or on application by the registrar to the court, the court or the registrar may make such order as the court or the registrar may think fit for expunging or varying the registration of a trademark on the ground of a contravention of or failure to observe a condition entered on the register in relation to the trademark.
Section 89Verify source
§ 90Miscellaneous - Correction of registerProvision

The registrar may, on prescribed request by the registered owner or by a registered user, correct or change registered details of a trademark, cancel entries, strike out goods or services, or enter disclaimers; a person aggrieved may appeal to the court.

Section Correction of register Section The registrar may, on request made in the prescribed manner by the registered owner— correct an error in the name, address or description of the registered owner of a trademark ; enter a change in the name, address or description of the person who is registered as owner of a trademark ; cancel the entry of a trademark on the register ; strike out goods or services or classes of goods or services from those in respect of which a trademark is registered; or enter a disclaimer or memorandum relating to a trademark which does not in any way extend the rights given by the existing registration of the trademark . The registrar may, on request made in the prescribed manner by a registered user of a trademark , correct any error or enter any change in a name, address or description of the registered user. A person aggrieved by the decision of the registrar under this section may appeal to the court .
Section 90Verify source
§ 91Miscellaneous - Alteration of registered trademarkProvision

The registered owner may apply to the registrar to add to or alter a registered trademark in a way that does not substantially affect its identity; the registrar may refuse or grant the application, advertise applications, require hearings when objections are made, and decisions can be appealed to the court.

Section Alteration of registered trademark Section The registered owner of a trademark may apply in the prescribed manner to the registrar for leave to add to or alter the trademark in a manner not substantially affecting the identity of the trademark and the registrar may refuse leave or grant it on terms and subject to limitations as he or she may think fit. The registrar may cause an application under this section to be advertised in the prescribed manner where it appears to him or her that it is expedient to do so and where he or she does so, if within the prescribed time from the date of the advertisement a person gives notice to the registrar in the prescribed manner of objection to the application, the registrar shall, after hearing the parties, decide the matter. Where leave is granted, the trademark as altered shall be advertised in the prescribed manner unless it has already been advertised, in the form to which it has been altered, in an advertisement under subsection (2). A person aggrieved by the decision of the registrar under this section may appeal to the court .
Section 91Verify source
§ 92Miscellaneous - Adaptation of entries in register to amend or substitute classification of goods or servicesSubstitution

The Minister may make regulations to enable the registrar to amend the trademarks register to adapt classifications; the registrar must not add goods/services or ante-date registrations except in limited cases where undue complexity would result and no substantial prejudice would occur.

Section Adaptation of entries in register to amend or substitute classification of goods or services Section A proposal for amendment of the register for the purpose referred to in subsection (1)— The Minister may make regulations under section 97 , prescribing forms and generally do things as he or she thinks expedient, for empowering the registrar to amend the register whether by making or expunging or varying entries in the register, so far as may be necessary for the purpose of adapting the designation of the goods or services or classes of goods or services in respect of which trademarks are registered to an amended or substituted classification that may be prescribed. The registrar shall not, in exercise of any power conferred on him or her, under this section make any amendment to the register that would have the effect of adding goods or services or classes of goods or services to those in respect of which a trademark is registered whether in one or more classes immediately before the amendment is to be made or of ante-dating the registration of a trademark in respect of any goods or services. This subsection shall not have effect in relation to goods or services as to which the registrar is satisfied that compliance with this subsection in relation to the goods or services would involve undue complexity and that the addition or ante-dating, as the case may be, would not affect any substantial quantity of goods or services and would not substantially prejudice the rights of any person. shall be notified to the registered owner of the trademark affected; shall be advertised with any modifications; may be objected to before the registrar by a person aggrieved on the ground that the proposed amendment contravenes subsection (2). A person aggrieved by the decision of the registrar under this section may appeal to the court .
Section 92Verify source
§ 93Miscellaneous - Recognition of agentsProvision

An act connected to a trademark may be done by or to an agent of the person, if authorised and in accordance with the regulations.

Section Recognition of agents Section Where under this Act an act is to be done by or to a person in connection with a trademark or proposed trademark or a procedure relating to the trademark , the act may under and in accordance with the regulations, be done by or to an agent of that person duly authorised in the prescribed manner.
Section 93Verify source
§ 94Miscellaneous - Address for serviceProvision

If an applicant for trademark registration or their agent does not reside or carry on business in Uganda, they must give the registrar an address for service in Uganda.

Section Address for service Section Where an applicant for the registration of a trademark or an agent does not reside or carry on business in Uganda he or she shall give the registrar an address for service in Uganda and if he or she fails to do so the registrar may refuse to proceed with the application until the address has been given.
Section 94Verify source
§ 95Miscellaneous - Hours of business and excluded daysProvision

Regulations made under section 97 may set the registry closing hour for transactions and may designate excluded days.

Section Hours of business and excluded days Section Regulations made under section 97 may specify the hour at which the registry shall be taken to be closed on any day for the purposes of the transaction by the public of business under this Act or of any class of business and may specify days as excluded days for those purposes. Any business done under this Act on any day after the hour specified under subsection (1) in relation to business of that class or on a day which is an excluded day in relation to business of that class shall be taken to have been done on the next following day not being an excluded day; and where the time for doing anything under this Act expires on an excluded day, that time shall be extended to the next following day not being an excluded day.
Section 95Verify source
§ 96Miscellaneous - Provision as to public holidaysProvision

If the last day for leaving a document with, or paying a fee to, the registrar falls on a Sunday or a public holiday, it is lawful to leave the document or pay the fee on the next day following that Sunday or public holiday (including when consecutive holidays occur).

Section Provision as to public holidays Section Where the last day fixed by this Act or by any regulations for the time being in force, for leaving a document with or paying a fee to the registrar falls on Sunday or a public holiday, it is lawful to leave the document or to pay the fee on the day next following that Sunday or public holiday or holidays, if two or more of them occur consecutively.
Section 96Verify source
§ 97Miscellaneous - Power of Minister to make regulationsOffence

The Minister has the power to make regulations to implement this Act, including prescribing required matters, classifying goods, making duplicates, regulating publication and the registrar's business, and prescribing penalties.

Section Power of Minister to make regulations Section Without prejudice to subsection (1), the Minister may make regulations— The Minister may make regulations generally for the better carrying into effect the provisions of this Act. prescribing anything required to be prescribed under this Act; classifying goods for the purposes of registration of trademarks; making or requiring duplicates of trademarks and other documents; securing and regulating the publishing and selling or distributing, in a manner as the Minister thinks fit, of copies of trademarks and other documents; generally regulating the business of the registrar in relation to trademarks and all things by this Act under the direction or control of the registrar ; prescribing for the contravention of the regulations a penalty of a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both and regulating in appropriate cases that the court convicting a person under the regulations shall forfeit anything in connection with which the offence is committed.
Section 97Verify source
§ 98Miscellaneous - Minister’s power to amend ScheduleAmendment

The Minister may amend the schedule to the Act with cabinet approval by statutory instrument.

Section Minister’s power to amend Schedule Section The Minister may with approval of cabinet, by statutory instrument, amend the schedule to this Act.
Section 98Verify source
§ 99Miscellaneous - Repeal and savingsCommencement

The Trademarks Act and Chapter 37 of the Penal Code Act, Cap. 120 are repealed, and existing orders, rules, regulations, fees, certificates, notices, decisions, determinations, directions, approvals, applications and things made under the repealed Trademarks Act that are in force at commencement continue in force and operate as if made under the corresponding provision of this Act; documents referring to repealed enactments are to be read as referring to the corresponding provision of this Act; original trademark registrations immediately before commencement are not invalidated; and trademarks on the register at commencement that were registrable under the repealed Act shall not be removed for not having been registrable under the earlier Act.

Section Repeal and savings Section The Trademarks Act, and Chapter 37 of the Penal Code Act, Cap. 120 are hereby repealed. Nothing in this Act shall affect an order, rule, regulation or requirement made, table of fees or certificate issued, notice, decision, determination, direction or approval given, application made or thing done under the Trademarks Act repealed by this Act; and every order, rule, regulation, requirement, table of fees, certificate, notice, decision, determination, direction, approval, application or thing shall, if in force at the commencement of this Act, continue in force and shall, so far as it could have been made, issued, given or done under this Act, have effect as if made, issued, given or done under the corresponding provision of this Act. A document referring to an enactment repealed by this Act shall be construed as referring to the corresponding provision of this Act. Nothing in this Act shall be taken to invalidate the original registration of a trademark which immediately before the commencement of this Act was validly on the register . A trademark which is on the register at the date of the commencement of this Act and which, having regard to an amendment by this Act whether as respects limitations which may be imposed by registration or as respects any other matter, was then a registrable trademark under the repealed Trademarks Act shall not be removed from the register on the ground that it was not registrable under the then Act in force. Nothing in this Act shall subject a person to liability in respect of an act or thing done before the commencement of this Act to which he or she would not have been subject under the repealed Trademarks Act.
Section 99Verify source

Part V

Use and non-use of a trademark

§ 46Use and non-use of a trademark - Removal from register and imposition of limitations on ground of non-useProvision

A registered trademark may be removed from the register on application by an aggrieved person for specific grounds of non-use, subject to exceptions (including certain permitted registrations and special circumstances); the registrar may refuse an application in some cases, and use by another person can count as use subject to the owner's control.

Section Removal from register and imposition of limitations on ground of non-use Section 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— Except where— Where in relation to any goods in respect of which a trademark is registered— Where in relation to services in respect of which a trademark is registered— 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 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. 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 the registrar is of the opinion that he or she might properly be permitted to register the a trademark , 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. 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 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, 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 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, 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. 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. 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.
Section 46Verify source
§ 47Use and non-use of a trademark - Defensive registration of trademarks relating to goods or servicesProvision

Owners of well-known trademarks may register defensive trademarks for other goods or services; the registrar must consider specified circumstances when assessing whether a mark is exceptionally well known.

Section Defensive registration of trademarks relating to goods or services Section 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— In determining whether a trademark relating to goods or services is exceptionally well known and whether its use in relation to other goods or to services or both, would be likely to detract from its distinctive character in respect of goods or services for which it is registered, the registrar shall have regard to all related circumstances, including— that the use would not be likely to be taken as indicating a connection in the course of trade between those other goods or services or those services or both, as the case may be and a person entitled to use the trademark in relation to the goods or services; and that the owner registered in respect of the goods or services does not use or propose to use the trademark in relation to other goods or services or both, as the case may be and notwithstanding section 48 , the trademark may, on the application in the prescribed manner of the owner registered in respect of the goods or services, be registered in his or her name in respect of other goods or services or both, as the case may be, as a defensive trademark and while registered, shall not be liable to be taken off the register in respect of those goods or those services under section 48 . the length of time the trademark has been in use; the extent to which it has become well known in relation to the goods or services in respect of which it is registered; the nature of those goods or services; and whether the notoriety of the mark is limited because of its use on goods or services that do not have wide distribution. The registered owner of a trademark relating to goods or services may apply for the registration of a trademark in respect of goods or services as a defensive trademark notwithstanding that it is already registered in his name in respect of those goods or services otherwise than as a defensive trademark or may apply for theregistration in respect of any goods or services otherwise than as a defensive trademark notwithstanding that it is already registered in his name in respect of those goods or services as a defensive trademark , in place of the existing registration. Subject to this section and to sections 48 and 49 , this Act shall apply in respect of the registration of trademarks relating to goods or services as defensive trademarks and of trademarks so registered as they apply in other cases.
Section 47Verify source
§ 48Use and non-use of a trademark - Removal of defensive trademarks from the registerProvision

The registrar may cancel a defensive trademark registration at any time where the trademark is no longer registered by the same owner otherwise than as a defensive trademark.

Section Removal of defensive trademarks from the register Section On application to the court by an aggrieved person and subject to section 63 , to the registrar— the registration under section 47 (1) of a trademark as a defensive trademark may be cancelled— the registration under section 29 (1) of a trademark as a defensive trademark may be cancelled— on the ground that the requirements of section 47 (1) are nolonger satisfied in respect of goods in respect of which the trademark is registered in the name of the same owner otherwise than as a defensive trademark; or as regards any goods or services in respect of which it is registered as a defensive trademark on the ground that there is no longer any likelihood that the use of the trademark in relation to those goods or services would detract from its distinctive character in respect of the goods in section 47 (1). on the ground that the requirements of section 29 (1) are no longer satisfied in respect of any services in respect of which the trademark is registered in the name of the same owner otherwise than as a defensive trademark; or as regards any services or goods in respect of which it is registered as a defensive trademark on the ground that there is no longer any likelihood that the use of the trademark in relation to those services or goods would detract from its distinctive character in respect of the services in section 51 (1). The registrar may at any time cancel the registration as a defensive trademark in respect of goods or services or both, of a trademark of which there is no longer any registration in respect of goods or services in the name of the same owner otherwise than as a defensive trademark.
Section 48Verify source
§ 49Use and non-use of a trademark - Permitted userProvision

Sets rules for registering permitted users of a trademark, application requirements, registrar powers, permitted users' rights to use the mark and to pursue infringement if the owner does not.

Section Permitted user Section Where it is proposed that a person should be registered as a registered user of a trademark , the owner and the proposed registered user may apply to the registrar in the prescribed manner and shall furnish him or her with a statutory declaration made by the owner or by some person authorised to act on his or her behalf and approved by the registrar — stating the goods or services in respect of which registration is proposed stating— Subject to this section, a person other than the owner of a trademark may be registered as a permitted user in respect of all or any of the goods or services in respect of which it is registered otherwise than as a defensive trademark with or without conditions or restriction. The use of a trademark by a permitted user in relation to goods or services with which he or she is connected in the course of trade and in respect of which for the time being the trademark remains registered and he or she is registered as permitted user, complying with any conditions or restrictions to which his or her registration is subject, is in this Act referred to as the “ permitted use ”. The permitted use of a trademark shall be taken to be used by the owner of the trademark and shall be taken not to be used by a person other than the owner for the purposes of section 46 and for any other purpose for which the use is material under this Act. Subject to any agreement subsisting between the parties, a permitted user of a trademark is entitled to call upon the owner of the trademark to take proceedings to prevent infringement. Where the owner refuses or neglects to take proceedings within two months after being called upon, the permitted user may institute proceedings for infringement in his or her own name as if he or she were the owner making the owner a defendant. An owner added as defendant is not liable for any costs unless he or she files a written statement of defence and takes part in the proceedings. giving particulars of the relationship, existing or proposed, between the owner and the proposed registered user, including particulars showing the degree of control by the owner over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made; any conditions or restrictions proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use or to any other matter; whether the permitted use is to be for a period or without limit of period and if for a period, the duration of the period, Where the requirements of subsection (7) have been complied with, if the registrar , after considering the information furnished to him or her under that subsection, is satisfied that in all the circumstances the use of the trademark in relation to the proposed goods or services or any of them by the proposed permitted user subject to any conditions or restrictions which the registrar thinksproper, would not be contrary to the public interest, the registrar may register the proposed registered user as a registered user in respect of the goods or services as to which he or she is satisfied. The registrar shall refuse an application under subsection (6) if it appears to him or her that the grant of the application would tend to facilitate trafficking in a trademark . The registrar shall, if required by an applicant, take steps for securing that the information given for the purposes of an application under subsection (7) other than the matter entered in the register is not disclosed to rivals in trade.
Section 49Verify source
§ 50Use and non-use of a trademark - Variation or cancellation of registration as a registered userProvision

The registrar may cancel or vary a person's registration as a registered user, on applications in the prescribed manner by specified applicants or where specified grounds exist, and may cancel at any time where the trademark is no longer registered for the goods or services.

Section Variation or cancellation of registration as a registered user Section Without prejudice to section 79 , the registration of a person as a registered user may be— cancelled by the registrar on application in the prescribed manner by a person on any of the following grounds that- varied by the registrar as regards the goods or services in respect of which or any conditions or restrictions subject to which, it has effect, on application in the prescribed manner by the registered owner of the trademark to which the registration relates; cancelled by the registrar on application in the prescribed manner by the registered owner or by the registered user or by any of other registered user of the trademark ; or the registered user has used the trademark otherwise than by way of the permitted use or in such a way as to cause or to be likely to cause, deception or confusion; the owner or the registered user misrepresented or failed to disclose some fact material to the application for the registration or that the circumstances have materially changed since the date of the registration; or the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he or she is interested. The registrar may at any time cancel the registration of a person as a registered user of a trademark in respect of any goods or services in respect of which the trademark is no longer registered.
Section 50Verify source
§ 51Use and non-use of a trademark - Notification of registration as registered user and or application for variation or cancellation of the registrationProvision

The registrar must notify other registered users when someone is registered as a registered user, must give notice of an application under section 54 to the registered owner and registered users (except the applicant), and must give the applicant and notified/intervening persons an opportunity to be heard.

Section Notification of registration as registered user and or application for variation or cancellation of the registration Section The registrar shall— cause to be notified the registration of a person as a registered user of a trademark to any other registered user of the trademark ; cause notice of an application under section 54 to be given to the registered owner and each registered user of the trademark not being the applicant; give to the applicant on application and to all person to whom the application is notified and who intervene in the proceedings in accordance with the regulations an opportunity of being heard.
Section 51Verify source
§ 52Use and non-use of a trademark - Registrar’s decision under section 50 and 51 subject to appealProvision

A person aggrieved by the registrar's decision under sections 50 and 51 may appeal to the court.

Section Registrar’s decision under section 50 and 51 subject to appeal Section A person aggrieved by the decision of the registrar under sections 50 and 51 may appeal to the court.
Section 52Verify source
§ 53Use and non-use of a trademark - Proposed use of trademarks by corporation to be construedSubstitution

An application for trademark registration must not be refused or permission withheld solely because the applicant does not yet use the mark if the applicant intends to assign it to a body corporate or to a soon-to-be registered user; the court or registrar may require security for costs and may treat an application as abandoned for failure to give security, and the registrar must amend the register if registration ceases after prescribed periods (including a further period not exceeding six months).

Section Proposed use of trademarks by corporation to be construed Section An application for the registration of a trademark in respect of any goods or services shall not be refused, and permission for the registration shall not be withheld, on the ground only that it appears that the applicant does not use or propose to use the trademark where— the court or the registrar is satisfied that a body corporate is about to be constituted and that the applicant intends to assign the trademark to the body corporate with a view to the use the trademark in relation to those goods or services by the body corporate; or the application is accompanied by an application for the registration of a person as a registered user of the trademark and the registrar or the court is satisfied that the owner intends it to be used by that person in relation to those goods or services and the registrar or the court is also satisfied that that person will be registered as a registered user immediately after the registration of the trademark . Section 46 shall have effect, in relation to a trademark registered under the power conferred by subsection (1)(b), as if for the reference, in section 46 (3)(b), to intention on the part of an applicant for registration that a trademark should be used by him or her there were substituted a reference to intention on his or her part that it should be used by the body corporate or registered user concerned. The court or the registrar may, as a condition of the exercise of the power conferred by subsection (1) in favour of an applicant who relies on intention to assign to a body corporate under subsection (1)(a), require him or her to give security for costs of any proceedings before the court or the registrar relating to any objection or appeal; and in default of the security being duly given may treat the application as abandoned. Where a trademark is registered in respect of any goods or services under the power conferred by subsection (1), the name of an applicant who relies on an intention to assign to a body corporate, then, unless within the prescribed period or within such further period not exceeding six months as the registrar may on application being made to him or her in the prescribed manner allow the body corporate which has been registered as the owner of the trademark in respect of those goods or services, the registration shall cease to have effect in respect of the goods or services at the expiration of that period; and the registrar shall amend the register accordingly.
Section 53Verify source
§ 54Use and non-use of a trademark - Use of one associated or substantially identical trademark equivalent to use of anotherProvision

The court or the registrar may accept use of an associated or only slightly altered registered trademark as equivalent to the registered trademark whose use must be proved.

Section Use of one associated or substantially identical trademark equivalent to use of another Section Where under this Act the use of a registered trademark is required to be proved for any purpose, the court or the registrar may, accept the use of an associated registered trademark or of the trademark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved. The use of the whole of a registered trademark shall for the purposes of this Act, be taken to be use of a registered trademark , being a part, registered in the name of the same owner by virtue of section 30 (1).
Section 54Verify source
§ 55Use and non-use of a trademark - Use of trademark for export tradeProvision

Applying a trademark in Uganda to goods or services for export (or any other act in Uganda in relation to goods or services to be exported) is treated as use of the trademark in relation to those goods or services for any purpose for which use is material under this Act.

Section Use of trademark for export trade Section The application in Uganda of a trademark relating to goods or services to be exported from Uganda and any other act done in Uganda in relation to goods or services to be so exported which, if done in relation to goods or services to be sold or otherwise traded in within Uganda would constitute use of a trademark , shall be taken to constitute use of the trademark in relation to those goods or services for any purpose for which the use is material under this Act.
Section 55Verify source
§ 56Use and non-use of a trademark - Use of trademark after change in form of trade connectionProvision

The use of a registered trademark shall not be taken to be likely to cause deception or confusion solely because it is used in a different form of connection in trade or business between goods or services and a person or predecessor in title.

Section Use of trademark after change in form of trade connection Section The use of a registered trademark in relation to goods in any form of connection with the course of trade subsisting shall not be taken to be likely to cause deception or confusion on the ground only that the trademark has been or is used in relation to goods between which and that person or a predecessor in title his or her a different form of connection in the course of trade subsisted or subsists. The use of a registered trademark in relation to services between the provision of which and the person using it in any form of connection in the course of business subsists shall not be taken to be likely to cause deception or confusion on the ground only that the trademark has been or is used in relation to services between the provision of which and that person or a predecessor in title of his or her a different form of connection in the course of business subsisted or subsists.
Section 56Verify source

Part VI

Legal proceedings and appeals

§ 57Legal proceedings and appeals - Power of registrar to award costsProvision

The registrar may award costs to any party in proceedings before the registrar and may direct how and which parties are to be paid; costs should be what the registrar considers reasonable.

Section Power of registrar to award costs Section In all proceedings before the registrar , the registrar may award to any party costs as he or she may consider reasonable and may direct how and which parties are to be paid. An order made under subsection (1) may, by leave of the court , be enforced in the same manner as a judgment or order of the court to the same effect.
Section 57Verify source
§ 58Legal proceedings and appeals - Registration to be prima facie evidence of validity.Provision

In legal proceedings about a registered trademark, a person being registered as the owner is prima facie evidence that the original registration and subsequent assignments and transmissions are valid.

Section Registration to be prima facie evidence of validity. Section In all legal proceedings relating to a registered trademark including applications under section 78 the fact that a person is registered as owner of the trademark is prima facie evidence of the validity of the original registration of the trademark and of all subsequent assignments and transmissions.
Section 58Verify source
§ 59Legal proceedings and appeals - Certificate of validityProvision

If a court decides in favour of a trademark owner on validity, the court may certify that decision; if certified, the owner who later obtains a final order in their favour shall have full legal costs unless the court later certifies they should not.

Section Certificate of validity Section In any legal proceeding in which the validity of the registration of a registered trademark comes into question and is decided in favour of the owner of the trademark , the court may certify to that effect. Where the court certifies under subsection (1), then in any subsequent legal proceeding in which the validity of the registration comes into question, the owner of the trademark on obtaining a final order or judgment in his or her favour shall have his or her full costs, charges and expenses as between advocate and client, unless in the subsequent proceeding the court certifies that he or she ought not to have them.
Section 59Verify source
§ 60Legal proceedings and appeals - Trade usage, etc. to be consideredProvision

The registrar must admit evidence of trade usages and relevant trademarks or get‑up used by others in trademark proceedings concerning goods, trade names, services, or business names.

Section Trade usage, etc. to be considered Section In an action or proceeding in respect of a trademark relating to goods or a trade name, the registrar shall admit evidence of the usages of the trade concerned and of any relevant trademark relating to goods or trade name or get-up legitimately used by other persons. In an action respect of a trademark relating to services or business name, the registrar shall admit evidence of business usages in the provision of services in question and of any relevant trademark relating to services or business name or get-up legitimately used by other persons.
Section 60Verify source
§ 61Legal proceedings and appeals - Registrar’s appearance in proceedings involving rectificationProvision

The registrar has the right to appear and be heard in proceedings seeking alteration or rectification of the register; the registrar must appear if the court directs, and unless the court directs otherwise may instead submit a signed or sealed statement to the court.

Section Registrar’s appearance in proceedings involving rectification Section In any legal proceeding in which the relief sought includes alteration or rectification of the register , the registrar shall have the right to appear and be heard and shall appear if directed by the court . Unless otherwise directed by the court , the registrar may, instead of appearing and being heard, submit to the court a statement signed or sealed by him or her, giving particulars of the proceedings before him or her in relation to the matter in issue or of the grounds of a decision given by him or her affecting it or of the practice of the office of the registrar in similar cases or of such other matters relevant to the issues and within his or her knowledge as registrar , as he or she thinks fit and the statement shall be taken to form part of the evidence in the proceedings.
Section 61Verify source
§ 62Legal proceedings and appeals - Court’s power to review registrationProvision

The court may review decisions of the registrar about rectification of the register, including applications under section 79.

Section Court’s power to review registration Section The court , in dealing with any question of the rectification of the register including all applications under section 79 , may review any decision of the registrar relating to the entry in question or the correction sought to be made.
Section 62Verify source
§ 63Legal proceedings and appeals - Procedure in case of option to apply to court or registrarProvision

If an applicant may choose court or registrar: when a related action is pending the applicant must apply to court; otherwise an application to the registrar may be referred to court or the registrar may decide the matter after hearing parties; a person aggrieved by the registrar's decision may appeal to court.

Section Procedure in case of option to apply to court or registrar Section Where under this Act an applicant has an option to make an application whether to the court or to the registrar — if an action concerning the trademark in question is pending, the application must be made to court ; if in other case the application is made to the registrar , he or she may, at any stage of the proceedings, refer the application to the court or he or she may, after hearing the parties, determine the question between them. A person aggrieved by the decision of the registrar under this section may appeal to the court .
Section 63Verify source
§ 64Legal proceedings and appeals - Payment of costs by the registrarProvision

The court has discretion over the registrar's costs and the registrar must not be ordered to pay any party's costs.

Section Payment of costs by the registrar Section In all proceedings before the court under this Act, the costs of the registrar shall be at the discretion of the court but the registrar shall not be ordered to pay the costs of any of the parties.
Section 64Verify source
§ 65Legal proceedings and appeals - Security for costsProvision

A person aggrieved by the registrar's decision under this section may appeal to the court.

Section Security for costs Section Where a person who does not reside or carry on business in East Africa— gives notice of objection under section 11 ; or applies to the registrar under section 45 for a trademark to be removed from the register; A person aggrieved by the decision of the registrar under this section may appeal to the court .
Section 65Verify source
§ 66Legal proceedings and appeals - Powers of court on appealProvision

When hearing an appeal of a registrar's decision, the court may confirm, set aside or vary the registrar's decision, refer it back with directions, or make any other order it considers.

Section Powers of court on appeal Section Where the court hears an appeal for a decision of the registrar under this Act, the court may without prejudice to any other powers conferred on it by this Act— confirm the decision of registrar ; set aside or vary the decision of the registrar or refer the decision to the registrar with such directions as the court may think fit; or make such other order as the court may consider.
Section 66Verify source
§ 67Legal proceedings and appeals - Chief Justice to make rules of procedureProvision

The Chief Justice may, in consultation with the Attorney General, make rules about practice and procedure for jurisdictions exercisable by the High Court and for appeals; those rules may apply civil procedure rules of the High Court, Court of Appeal or Supreme Court with specified modifications.

Section Chief Justice to make rules of procedure Section The Chief Justice, in consultation with the Attorney General may make rules as to the practice and procedure to be observed in respect of any jurisdiction which under this Act is exercisable by the High Court and also in respect of any appeals from the exercise of that jurisdiction. Rules made under this section may, in the case of the High Court, the Court of Appeal and the Supreme Court, apply to the proceedings the rules of practice and procedure applicable to civil proceedings in the High Court, the Court of Appeal or the Supreme Court as the case may be, subject to such modifications as may be specified in the rules.
Section 67Verify source

Part VII

Evidence

§ 68Evidence - Mode of giving evidenceProvision

In proceedings before the registrar, the registrar may take oral evidence when he or she thinks fit, and where evidence is taken orally the registrar has the same powers as a magistrate to require attendance and administer oath.

Section Mode of giving evidence Section In any proceeding under this Act before the registrar , the evidence shall be given by statutory declaration in the absence of directions to the contrary, but, in any case in which the registrar thinks fit, he or she may take evidence orally in place of or in addition to evidence by statutory declaration. The statutory declaration may, where there is an appeal, be used before the court in place of evidence by affidavit; and if used shall have all the incidents and consequences of evidence by affidavit. Where any part of the evidence is taken orally, the registrar shall, in respect of requiring the attendance of a witness and taking evidence on oath, be in the same position in all respects as a magistrate.
Section 68Verify source
§ 69Evidence - Evidence of entries in registerProvision

A certified and sealed copy of a register entry must be admitted in evidence in all courts and proceedings; a person requiring such a certified copy is entitled to obtain it on payment of the prescribed fee.

Section Evidence of entries in register Section A copy of an entry in the register purporting to be certified by the registrar and sealed with his or her seal, shall be admitted in evidence in all courts and in all proceedings, without further proof or production of the original. A person who requires a certified copy under subsection (1) is entitled to obtain it upon payment of the prescribed fee.
Section 69Verify source
§ 70Evidence - Evidence of entries made or of things done by the registrarProvision

A certificate signed by the registrar about an entry, matter or thing the registrar is authorised to make or do is prima facie evidence that the entry was made, of its contents, and that the matter or thing was done or not done.

Section Evidence of entries made or of things done by the registrar Section A certificate purporting to be signed by the registrar as to an entry, matter or thing that he or she is authorised by this Act to make or do, is prima facie evidence of the entry having been made and of the contents and of the matter or thing having been done or not been done.
Section 70Verify source

Part VIII

Offences

§ 71Offences - Forging or counterfeiting trade markOffence

Anyone who forges or counterfeits a trade mark with intent to defraud commits an offence and on conviction may be fined up to forty eight currency points or imprisoned for up to two years or both.

Section Forging or counterfeiting trade mark Section Any person who with intention to defraud or to enable another to defraud any person, forges or counterfeits a trade mark commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.
Section 71Verify source
§ 72Offences - Falsification of entries in registerOffence

A person who makes, causes, or produces a false register entry or a writing purporting to be an entry knowing it to be false commits an offence and is liable on conviction to a fine up to one hundred currency points or imprisonment up to five years or both.

Section Falsification of entries in register Section Where a person makes or causes to be made a false entry in the register , a writing falsely purporting to be a copy of an entry in the register , produces, tenders, causes to be produced or tendered in evidence the writing, knowing the entry or writing to be false, he or she commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding five years or both.
Section 72Verify source
§ 73Offences - Falsely representing a trademark as registeredOffence

Section Falsely representing a trademark as registered Section A person who makes a representation— with respect to a mark not being a registered trademark , to the effect that it is a registered trademark ; in respect to a part of a

Section Falsely representing a trademark as registered Section A person who makes a representation— with respect to a mark not being a registered trademark , to the effect that it is a registered trademark ; in respect to a part of a registered trademark not being a part separately registered as a trademark , to the effect that it is registered; to the effect that a registered trademark is registered in respect of goods in respect of which it is not registered; or to the effect that the registration of a trademark gives an exclusive right to the owner of the trademark to use the good in circumstances in which, having regard to limitations entered on the register , the registration does not give that right,
Section 73Verify source
§ 74Offences - Falsifying or unlawful removal of a registered trademarkOffence

It is an offence for a person to falsify or unlawfully remove a registered trademark applied in trade; conviction may result in a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both.

Section Falsifying or unlawful removal of a registered trademark Section A person who falsifies or unlawfully removes a trademark that— For the purposes of subsection (1), a person falsifies a registered trademark if the person— For the purposes of subsection (1) a person unlawfully removes a registered trademark if the person wholly removes, erases or obliterates it— has been applied to goods that are being or are to be, dealt with or provided in the course of trade; or has been applied in relation to goods or services that are being or are to be, dealt with or provided in the course of trade, knowing that the trademark is registered or reckless whether or not the trademark is registered, commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both. alters or defaces it; makes any addition to it; or partly removes, erases or obliterates it, without the permission of the registered owner or an authorised user of the trademark ; and without being required or authorised to do so by the Act, or without a direction from the registrar or an order of the court .
Section 74Verify source
§ 75Offences - Falsely applying a registered trademarkOffence

A person must not apply a registered trademark, or a substantially identical sign, to goods or in relation to goods or services in the course of trade without permission, required authority, or court/registrar direction.

Section Falsely applying a registered trademark Section A person who— For the purposes of subsection (1) a person falsely applies a registered trademark to goods or in relation to goods or services if the person applies the trademark or a sign substantially identical with it to the goods or in relation to the goods or services— falsely applies a registered trademark to goods that are being or are to be dealt with or provided in the course of trade; or falsely applies a registered trademark in relation to goods or services that are being or are to be dealt with or provided in the course of trade, knowing that the trademark is registered or reckless whether or not the trademark is registered, without the permission of the registered owner or of an authorised user, of the trademark ; and without being required or authorised to do so by this Act, or without a direction from the registrar or an order of the court .
Section 75Verify source
§ 76Offences - Manufacture and possession of dye etc for use in commission of offenceOffence

Makes it an offence for a person to make, program, possess or dispose of specified items (dye, block, machine, instrument, programmed device, or representation of a registered trademark) when knowing or reckless that they are likely to be used to commit offences under sections 74 and 75.

Section Manufacture and possession of dye etc for use in commission of offence Section A person who makes a dye, block, machine or instrument— A person who draws or programs a computer or other device to draw a registered trademark or part of a registered trademark — A person who intentionally has in his or her possession or disposes of— knowing that it is likely to be used for or in the course of committing an offence against sections 74 and 75 ; or reckless whether or not it is likely to be used for or in the course of committing an offence against sections 74 and 75 , commits an offence. knowing that the trademark or part of the trademark is likely to be used for or in the course of committing an offence against sections 74 and 75 ; or reckless whether or not the trademark or part of a trademark is likely to be used for or in the course of committing an offence against sections 74 and 75 , a dye, block, machine or instrument; a computer or other device, programmed to draw a registered trademark or part of a registered trademark ; or a representation of a registered trademark or of part of a registered trademark ; A person who commits an offence under this section is liable on, to a fine not exceeding one hundred twenty currency points or imprisonment not exceeding five years or both.
Section 76Verify source
§ 77Offences - Selling etc goods with false marksOffence

It is an offence for a person to intentionally sell, expose for sale, possess for trade or manufacture, import for trade or manufacture, or export for trade or manufacture goods when they know or are reckless about falsified, removed, or falsely applied registered trademarks.

Section Selling etc goods with false marks Section A person who intentionally sells goods, exposes goods for sale, has goods in his or her possession for the purpose of trade or manufacture, imports goods into Uganda for the purpose of trade or manufacture or exports goods for purposes of trade or manufacture, knowing that or reckless whether or not a falsified registered trademark is applied to them or in relation to them; a registered trademark has been unlawfully removed from them; or a registered trademark is falsely applied to them or in relation to them.
Section 77Verify source
§ 78Offences - Prohibition of import and export of infringing trade marksOffence

Importing into Uganda or exporting from Uganda goods bearing a false or otherwise contrary trade mark is prohibited; a person who contravenes commits an offence and may face a fine, imprisonment, or forfeiture of the goods.

Section Prohibition of import and export of infringing trade marks Section The importation into Uganda and the exportation from Uganda of any goods to which has been applied a false trade mark or any trade mark contrary to this Act is prohibited. A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years of both; and the goods to which the offence relates may be forfeited by order of the court under section 81 (4).
Section 78Verify source
§ 79Offences - Civil remediesOffence

Persons whose rights are threatened or infringed may bring court proceedings for an injunction; the court may order inspection or removal of infringing materials on an ex-parte application; injunctions do not prevent claims for damages; victims may claim damages against the infringer whether or not there is a prosecution.

Section Civil remedies Section A person whose rights under this Act are in imminent danger of being infringed or are being infringed may institute civil proceedings in the court for an injunction to prevent the infringement or to prohibit the continuation of the infringement. Upon an ex-parte application by a right owner, the court may in chambers make an order for the inspection of or removal from the infringing person’s premises or control, of the right infringing materials, which constitute evidence of infringement by that person. The grant of an injunction under subsection (1) shall not affect the owner’s claim for damages in respect of loss sustained by him or her as a result of the infringement of the rights under this Act. A person who sustains any damage because of the infringement of his or her rights under this Act may claim damages against the person responsible for the infringement whether or not that person has been successfully prosecuted.
Section 79Verify source
§ 80Offences - Offences by companies and other bodiesOffence

If an offence is committed by a body corporate, every director and the secretary are treated as having committed it; similarly, if committed by a partnership or other non-corporate body, every partner or member is treated as having committed it. A person will not be treated as having committed the offence under subsection (1) if they prove to the court that another person committed it without their consent or connivance and that they exercised all due diligence to prevent it.

Section Offences by companies and other bodies Section Where an offence is committed— by a body corporate, every director and the secretary of the body corporate shall be taken to have committed the offence; and in the case of a partnership or other body not being a body corporate, every partner or member shall be taken to have committed the offence. A person shall not be taken to have committed an offence under subsection (1) if he or she proves to the satisfaction of the court that the offence for which he or she is charged was committed by some person other than himself or herself and was without his or her consent or connivance and that he or she exercised all diligence to prevent the commission of the offence as he or she ought to have exercised in the circumstances.
Section 80Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Act. Section Entry into premises Section Subject to this Act

    Section 83

  • applications in certain circumstances. Section Application for registration Section Subject to this Act

    Section 7

G–M

1 instrument

  • Minister to make regulations The Minister has the power to make regulations to implement this Act

    Section 97

N–S

3 instruments

  • or substitute classification of goods or services The Minister may make regulations

    Section 92

  • Penal Code

    Section 99

  • Schedule The Minister may amend the schedule to the Act

    Section 98

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  • 3 Sept 2010 · currentEnglish

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