independent of the marks registered in other countries of the Union, including the country of origin. Under that provision of the registration of the trademark in the country of origin does not of its own take away the right by another person to register the very mark in any member country of the Union. Recognition of a trademark in the country of the union such as Uganda is dependent on the domestic legislation of the member of the Union where the trademark is sought to be enforced under article 6 (1) of the Paris Convention. Consequently registration in China per se does not of itself grant recognition in any member of the union where the trademark is sought to be enforced unless the conditions of the domestic legislation are met. The Plaintiff further submitted that article 6 (2) (supra) is to the effect that a party seeking recognition and enforcement of its trademark in any country of the Union shall make an application to a member country of the Union irrespective of whether the particular trademark has been registered in the country of origin or not. The said convention places a requirement for a party seeking recognition of its trademark to make an application to any member state of the union which application is then put into consideration depending on the domestic legislation of the member country and its requirements. The Defendant in this suit has not adduced any evidence to prove that an application was made in Uganda and the various manufacturers or owners of the trademarks in China to a competent authority in Uganda. The fact that the Chinese manufacturers have not sought protection of the trademark in the Ugandan territory means that the state and domestic laws pertaining to trademark enforcement have no recognition of the impugned trademarks as such cannot offer them protection in the Ugandan territory. Section 44 (3) of the Trademarks Act 2010 gives a list of requirements that must be in place if a foreign trademark is to be given protection and recognition in Uganda. It is a requirement for the foreign trademark owner to apply to be registered in Uganda within three months from the date of an objection. Secondly it must provide proof of prior registration in the country of origin. Thirdly section 44 (3) of the Trademarks Act 2010 places a requirement on the owner of the mark to prove that the very trademark for which protection is sought has been in use and Decision of Hon. Mr. Justice Christopher Madrama Izama *^*~?+: 3