The Defendant is not the owner of the trademarks or an agent of the owner but is a trader who imports goods from the open market in China. The goods come with the trademarks in dispute printed on them. Before considering the rights conferred by registration of goods in part "A" of the Ugandan Trademarks Act 2010, the Defendant challenges the registration of the Plaintiff and has submitted that the Plaintiff ought not to have been registered. Both parties addressed the court on the provisions of section 45 Trademarks Act 2010. The said provision permits the court on application in writing within seven years from registration in Uganda of the trademark relating to goods by a person aggrieved by the registration, to remove the trademark from the Registrar if it is proved to the satisfaction of the court that the trademark is identical with or nearly resemble the trademark which was prior to registration in Uganda a trademark registered in respect of the same goods, the same description of goods; or services of the description of services which are associated with those goods or goods of that description in the country or place from which the goods originate. Section 45 (3) of the Trademarks Act further provides that the trademark shall not be removed from the register in cases where the owner of the trademark consented to the registration in Uganda of the trademark referred to; the owner of the trademark registered in Uganda proves that he or she or his or her predecessors in business have continuously used the trademark in Uganda in connection with the goods or services from the date before the date of the registration of the other trademark in the country or place of origin; the Applicant does not prove that within five years preceding the making of the application there has been bona fide use in connection with the goods and services in the event of the trademark registered in the country or place of origin; special circumstances of the trade or affecting the provision of the goods and services account for none use of the trademark in Uganda within the same period; or that the trademark registered in the country or place of origin was first registered there within the period of five years. The Applicant is required to give an undertaking to the satisfaction of the Registrar that he or she will within three months from making an application under this section apply for registration in Uganda of the trademarks or registered in the country or place of origin and make all necessary steps to complete the registration. Decision of Hon. Mr. Justice Christopher Madrama Izama *^*~?+: 23