Act 17 Trademarks Act 2010 (5) 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. (6) 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). (7) 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. (8) 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) 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 28

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