Trademarks Act

1. "board" the board of directors established under the Uganda Registration Services Bureau Act;
2. "certification mark" means the mark referred to in section 13;
3. "court" means the High Court;
4. "currency point" has the meaning given to it in the Schedule;
5. "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;
6. "Minister" means the Minister responsible for justice;
7. "passing off" means falsely representing one's own product as that of another in an attempt to deceive potential buyers;
8. "permitted use" has the meaning assigned to it by section 49 (2);

7 further items remain in the statutory text above.

1. (1) The registrar shall maintain in his or her office a manual register of trademarks.
2. (2) The registrar may also maintain an electronic register of trademarks subject to prescribed safeguards.
3. (3) The register shall contain-
4. (a) all registered trademarks with the names, addresses and descriptions of their owners;
5. (b) registered users, notifications of assignments and transmissions, disclaimers, conditions, limitations and other matters relating to registered trademarks as may be prescribed.
6. (4) The register shall be divided into two parts called Part A and Part B respectively.
7. (5) 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.
8. (6) The register shall at all convenient times be open to the inspection of the public, subject to such regulations as may be prescribed.

1 further item remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) Where a sign is not inherently capable of distinguishing the relevant goods or services, qualification for registration shall depend on distinctiveness acquired through use.
3. (3) A sign shall be capable of graphical representation in order to be registered.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. 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

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) A person seeking advice under subsection (1) shall apply in the prescribed manner.

1. (1) 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.
2. (2) Subject to this Act, the registrar may-
3. (a) refuse the application; or
4. (b) accept it absolutely or subject to amendments, modifications, conditions or limitations, as he or she may deem fit.
5. (3) 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.
6. (4) In the case of a refusal or conditional acceptance, the registrar shall, state in writing the grounds for his or her decision.
7. (5) A person aggrieved by the decision of the registrar may appeal to the court.
8. (6) 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.

3 further items remain in the statutory text above.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) A trademark relating to goods or services shall be registered in respect of particular goods or classes of goods.
2. (2) A question arising as to the class within which goods or services fall shall be determined by the registrar.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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-
2. (a) the name of a company, individual or firm, represented in a special or particular manner;
3. (b) the signature of the applicant for registration or of some predecessor in his or her business;
4. (c) an invented word or invented words;
5. (d) 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
6. (e) 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.
7. (2) For the purposes of this section, "distinctive" means-
8. (a) 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

4 further items remain in the statutory text above.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) 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.
2. (2) 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.
3. (3) In determining whether a trademark is capable of distinguishing goods or services, the registrar or court may have regard to the extent to which-
4. (a) the trademark is inherently capable of distinguishing goods or services; and
5. (b) by reason of the use of the trademark or of any other circumstances, the trademark is in fact capable of distinguishing goods or services.
6. (4) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) The registrar may cause an application to be published before acceptance where-
3. (a) it is made under section 9 (1)(e); or
4. (b) it is expedient by reason of exceptional circumstances to publish.
5. (3) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) The notice shall be given in writing in the prescribed manner and shall include a statement of the grounds of objection.
3. (3) 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.
4. (4) 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.
5. (5) A person aggrieved by the decision of the registrar may appeal to court.
6. (6) An appeal under this section shall be made in the prescribed form.
7. (7) 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.
8. (8) 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.

4 further items remain in the statutory text above.

1. (1) 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.
2. (2) 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.
3. (3) 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.
4. (4) 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.
5. (5) In determining whether a mark is adapted to distinguish goods or services, the registrar may have regard to the extent to which-
6. (a) the mark is inherently adapted to distinguish goods or services in relation to the goods or services in question; and
7. (b) 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.
8. (6) 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.

1 further item remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.
3. (3) The rules, if approved, shall be deposited with the registrar and shall be open to inspection in the same manner as the register.
4. (4) The registrar shall consider the application with regard to the following matters-
5. (a) whether the applicant is competent to certify the goods or services in respect of which the mark is to be registered;
6. (b) whether the draft rules are satisfactory; and
7. (c) whether in all the circumstances the registration applied for would be to the public advantage; and may either-
8. (i) refuse to accept the application; or

5 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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).
2. (2) 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).
3. (3) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) When an application for registration of a trademark in Part A or in Part B of the register has been accepted and-
2. (a) the application has not been objected to and the time for notice of the objection has expired; or
3. (b) the application has been objected to and the objection has been decided in favour of the applicant, the registrar shall, unless the application has been accepted in error, register the trademark in Part A or Part B, and the trademark, when registered, shall be registered from the date of the application for registration and that date shall be taken to be the date of registration.
4. (2) 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.
5. (3) 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.

1. (1) 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.
2. (2) The registrar may, before granting an application, cause it to be publised.
3. (3) 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.
4. (4) 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-
5. (a) 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;
6. (b) the owner has failed to observe a provision of the deposited regulations to be observed on his or her part;
7. (c) it is no longer to the public advantage that the trademark should be registered; or
8. (d) it is necessary for the public advantage that, if the trademark remains registered, the rules should be varied.

1 further item remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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-
2. (a) that registration was obtained by fraud; or
3. (b) the trademark contravenes section 23(1).
4. (2) Notwithstanding sections 36 and 37, subsection (1) does not apply to a trademark registered under Part B of the register.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where a trademark contains a part that is not separately registered by the owner as a trademark or if-
2. (a) in the case of a trademark relating to goods it contains matter common to the trade or otherwise of a non- distinctive character; or
3. (b) 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-
4. (i) 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
5. (ii) 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.
6. (2) 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.

1. (1) Where the relation between two or more persons interested in a trademark is that none of them is entitled to use the mark except-
2. (a) on behalf of both or all of them; or
3. (b) in relation to an article with which both or all of them are connected in the course of trade, those persons may be registered as joint owners of the trademark and this Act shall have effect in relation to any rights to the use of the trademark vested in those persons as if those rights had been vested in a single person.
4. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.
3. (3) 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.
4. (4) 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.
5. (5) A sign shall not be registered as a trademark relating to goods if it consists exclusively of-
6. (a) the shape that results from the nature of the goods themselves;
7. (b) the shape of goods that is necessary to obtain a technical result; or
8. (c) the shape that gives substantial value to the goods.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (b) 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;
2. (c) 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).

1. (1) 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-
2. (a) the same goods;
3. (b) the same description of goods; or
4. (c) services or a description of services which are associated with those goods or goods of that description.
5. (2) 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-
6. (a) the same services;
7. (b) the same description of services; or
8. (c) goods or a description of goods which are associated with those services or services of the description.

1. (1) 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-
2. (a) goods it contains matter common to the trade or otherwise of a non-distinctive character; or
3. (b) 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-
4. (i) 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
5. (ii) 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.
6. (2) 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.

1. (b) the same description of goods or services;
2. (c) goods and services or descriptions of goods and services which are associated with each other; or
3. (d) trademarks that are identical or nearly resemble each other, subject to such conditions and limitations as the registrar or the court may impose.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) 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.
2. (2) Subsection (1) shall not have effect where the registrar or the court is satisfied either-
3. (a) 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
4. (b) 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.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) 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-
2. (a) the same goods or description of goods; or
3. (b) 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 registrar may, at any time, require that the trademarks be entered on the register as associated trademarks.
4. (2) 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-
5. (a) the same services or description of services; or
6. (b) 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, the registrar may at any time require that the trademarks be entered on the register as associated trademarks.
7. (3) 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.
8. (4) A person aggrieved by the decision of the registrar under this section may appeal to the court.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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-
2. (a) statements of the goods or services in relation to which they are respectively used or proposed to be used;
3. (b) statements of number, price, quality or names of places;
4. (c) other matter of a non-distinctive character which do not substantially affect the identity of the trademark; or
5. (d) colour, the trademarks may be registered as a series in one registration.
6. (2) All trademarks registered under subsection (1) shall be taken to be and shall be registered as associated trademarks.
7. (3) 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.
8. (4) A person aggrieved by the decision of the registrar shall appeal to the court.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A registered trademark relating to goods or services is assignable and transmissible in connection with the goodwill of a business or not.
2. (2) 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.
3. (3) 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-
4. (a) the mark is or was used in the same business as a registered trademark; and
5. (b) 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.
6. (4) 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-
7. (a) the same goods or services;
8. (b) the same description of goods or services; or

10 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. 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

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) A person aggrieved by the decision of the registrar under this section may appeal to court.
3. (3) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

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

1. 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

1. (1) 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.
2. (2) 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-
3. (a) as a trademark relating to goods; or
4. (b) 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.
5. (3) 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.
6. (4) 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-
7. (a) 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
8. (b) 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.

1 further item remain in the statutory text above.

1. (1) 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.
2. (2) 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-
3. (a) as a trademark relating to services; or
4. (b) 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.
5. (3) 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.
6. (4) 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-
7. (a) 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;
8. (b) 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

4 further items remain in the statutory text above.

1. (1) 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.
2. (2) 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-
3. (a) the use of which the plaintiff complains is not likely to deceive or cause confusion; or
4. (b) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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-
3. (a) the use of which the plaintiff complains is not likely to deceive or cause confusion; or
4. (b) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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-
2. (a) 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
3. (b) 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, the purchaser or owner of the goods or services shall be taken to infringe the right to the use of the trademark given by registration.
4. (2) 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.
5. (3) The acts to which this section applies are-
6. (a) 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;
7. (b) in a case in which the trademark is upon the goods or services, the alteration, part removal or part obliteration of the trademark;
8. (c) 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;

3 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) 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.

1. (1) 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.
2. (2) Where-
3. (a) 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
4. (b) 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.
5. (3) Where the facts mentioned in subsections (2) (a) and (b) are proved with respect to a word or words, then-
6. (a) 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;
7. (b) 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.
8. (4) 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.

6 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.
3. (3) The facts mentioned in subsection (2) are proved with respect to any word or words, where-
4. (a) 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;
5. (b) 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
6. (c) for the purposes of any other legal proceedings relating to the trademark if-
7. (i) 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
8. (ii) the trademark contains that word or those words, all rights of the owner to the exclusive use of that word or those words, shall be taken to have ceased on the date at which the use mentioned in subsection (2) first became well known and established.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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-
2. (a) the same goods;
3. (b) the same description of goods; or
4. (c) services or a description of services which are associated with those goods or goods of that description, in a country or place from which the goods originate.
5. (2) 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-
6. (a) the same services;
7. (b) the same description of services; or
8. (c) goods or a description of goods which are associated with those services or services of that description, in a country or place from which the services originate.

4 further items remain in the statutory text above.

1. (1) 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-
2. (a) the same goods;
3. (b) the same description of goods; or
4. (c) services or a description of services which are associated with those goods or goods of that description, in a country or place from which the goods originate.
5. (2) 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-
6. (a) the same services;
7. (b) the same description of services; or
8. (c) goods or a description of goods which are associated with those services or services of that description, in a country or place from which the services originate.

8 further items remain in the statutory text above.

1. (1) Subject to sections 47(1) and 48(1), a registered trademark may be removed from the register in respect of goods in respect of which it is registered, on application to the court by an aggrieved person and subject to section 67 on an application to the registrar, on the grounds that-
2. (a) the trademark was registered without a bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him or her or, if it was registered under section 54(1), by a body corporate or registered user concerned and that there has in fact been no bona-fide use of the trademark in relation to those goods or services by any owner up to the date one month before the date of the application; or
3. (b) at least one month prior to the date of the application a continuous period of three years or more elapsed during which the trademark was a registered trademark and during which there was no bona-fide use in relation to those goods or services by any owner.
4. (2) Except where-
5. (a) the applicant has been permitted under section 25 (2) to register an identical or nearly resembling trademark in respect of the goods or services in question; or
6. (b) 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.
7. (3) Where in relation to any goods in respect of which a trademark is registered-
8. (a) the matters referred to in subsection (1) (b), are shown so far as regards non-use of the trademark in relation to goods to be sold or otherwise traded in a particular place otherwise than for export from Uganda or in relation to goods to be exported to a particular market outside Uganda; and

7 further items remain in the statutory text above.

1. (1) Where a trademark relating to goods or services and consisting of an invented word or invented words or a device or devices or a combination of them, has become so exceptionally well known as respects goods or services in respect of which it is registered and in relation to which it has been used that the use of that trademark in relation to other goods or to services or both, is likely to detract from its distinctive character in respect of the goods or services then, notwithstanding-
2. (a) 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
3. (b) 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.
4. (2) 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-
5. (a) the length of time the trademark has been in use;
6. (b) the extent to which it has become well known in relation to the goods or services in respect of which it is registered;
7. (c) the nature of those goods or services; and
8. (d) whether the notoriety of the mark is limited because of its use on goods or services that do not have wide distribution.

2 further items remain in the statutory text above.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) On application to the court by an aggrieved person and subject to section 63, to the registrar-
2. (a) the registration under section 47(1) of a trademark as a defensive trademark may be cancelled-
3. (i) 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
4. (ii) 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).
5. (b) the registration under section 29(1) of a trademark as a defensive trademark may be cancelled-
6. (i) 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
7. (ii) 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).
8. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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".
3. (3) 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.
4. (4) 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.
5. (5) 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.
6. (6) 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.
7. (7) 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-
8. (a) 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;

6 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Without prejudice to section 79, the registration of a person as a registered user may be-
2. (a) 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;
3. (b) 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
4. (c) cancelled by the registrar on application in the prescribed manner by a person on any of the following grounds that-
5. (i) 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;
6. (ii) 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
7. (iii) 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.
8. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) 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;
2. (c) 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.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

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

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) 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-
2. (a) 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
3. (b) 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.
4. (2) 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.
5. (3) 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
6. (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.
7. (4) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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).

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. 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

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.

1. (1) 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.
2. (2) 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.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

This section states a single governing proposition and does not enumerate separate elements.

1. (1) 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.
2. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where under this Act an applicant has an option to make an application whether to the court or to the registrar-
2. (a) if an action concerning the trademark in question is pending, the application must be made to court;
3. (b) 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.
4. (2) A person aggrieved by the decision of the registrar under this section may appeal to the court.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. 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

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where a person who does not reside or carry on business in East Africa-
2. (a) gives notice of objection under section 11; or
3. (b) applies to the registrar under section 45 for a trademark to be removed from the register; the registrar may require the person to give security for costs of the proceedings and may, if security is not given dismiss the proceedings.
4. (2) A person aggrieved by the decision of the registrar under this section may appeal to the court.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) 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
2. (c) make such other order as the court may consider.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) 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.
2. (2) 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.
3. (3) 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.

1. (1) 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.
2. (2) A person who requires a certified copy under subsection (1) is entitled to obtain it upon payment of the prescribed fee.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

1. 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

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (b) 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;
2. (c) to the effect that a registered trademark is registered in respect of goods in respect of which it is not registered; or
3. (d) 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, 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person who falsifies or unlawfully removes a trademark that-
2. (a) has been applied to goods that are being or are to be, dealt with or provided in the course of trade; or
3. (b) 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.
4. (2) For the purposes of subsection (1), a person falsifies a registered trademark if the person-
5. (a) alters or defaces it;
6. (b) makes any addition to it; or
7. (c) 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 this Act, or without direction from the registrar or an order of a court.
8. (3) For the purposes of subsection (1) a person unlawfully removes a registered trademark if the person wholly removes, erases or obliterates it-

2 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person who-
2. (a) falsely applies a registered trademark to goods that are being or are to be dealt with or provided in the course of trade; or
3. (b) 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, 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.
4. (2) 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-
5. (a) without the permission of the registered owner or of an authorised user, of the trademark; and
6. (b) without being required or authorised to do so by this Act, or without a direction from the registrar or an order of the court.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person who makes a dye, block, machine or instrument-
2. (a) knowing that it is likely to be used for or in the course of committing an offence against sections 74 and 75; or
3. (b) 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.
4. (2) A person who draws or programs a computer or other device to draw a registered trademark or part of a registered trademark-
5. (a) 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
6. (b) 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, commits an offence.
7. (3) A person who intentionally has in his or her possession or disposes of-
8. (a) a dye, block, machine or instrument;

3 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) a registered trademark has been unlawfully removed from them; or
2. (c) a registered trademark is falsely applied to them or in relation to them. 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.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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).

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) 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.
2. (2) 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.
3. (3) 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.
4. (4) 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.

1. (1) Where an offence is committed-
2. (a) by a body corporate, every director and the secretary of the body corporate shall be taken to have committed the offence; and
3. (b) 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.
4. (2) 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.