Act 17 Trademarks Act 2010 (b) a person has been permitted under section 25 (1), to register an identical or nearly resembling trademark in respect of services under a registration extending to use in relation to services to be for use or available for acceptance in Uganda or for use in that country, territory or place or the court is of the opinion that he or she might be permitted to register the trademark, on application by that person to the court and subject to section 69, to the registrar the court or registrar may impose on the registration of the trademark limitations as the court or the registrar thinks proper for securing that the registration shall cease to extend to the use of that trademark. (5) An applicant is not entitled to rely for the purposes of subsection (1)(b), (3) or (4), on any non-use of a trademark that is shown to have been due to special circumstances in the trade and not to an intention not to use or to abandon the trademark in relation to the goods or services to which the application relates. (6) The use of a trademark by another person shall be recognised as use of the trademark for the purpose of maintaining the registration subject to the control of the trademark owner. (7) The use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements, such as use with another trademark, use in a special form or use in a manner detrimental to its capability to distinguish the goods or services of one undertaking from another. 47. Defensive registration of trademarks relating to goods or services. (1) Where a trademark relating to goods or services and consisting of an invented word or invented words or a device or devices or a combination of them, has become so exceptionally well known as respects goods or services in respect of which it is registered and in relation to which it has been used that the use of that trademark in relation to other goods or to services or both, is likely to detract from its distinctive character in respect of the goods or services then, notwithstanding— 45