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THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA COMMERCIAL COURT DIVISION HCT-00-CC-MA-0436-2006 Potomac Tobacco Company Ltd Applicant Versus British American Tobacco Co. Ltd Respondents British American Tobacco (Brands) Ltd Legislation referred to: 1. Trademarks Act, Cap.217 2. Civil Procedure Rules 3. Civil Procedure Act. BEFORE: THE HONOURABLE MR. JUSTICE FMS EGONDA-NTENDE RULING 1. The applicant is seeking the removal of a trademark, ‘YES’, from the Register of Trademarks in respect of all goods for which the trademark is registered for none use of the same. The respondent no. 1 is the registered owner of this trademark. The Respondent no. 2 is the person who applied recently for its renewal. 1

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Tecno Telecom Limited v Kigalo Investments Ltd

Case Law

Country

Uganda

Country Location

Latitude: 1.5257584863641895

Longitude: 32.381670917978084

Country Location (Lié Case Law): Uganda

Decision Date: 16 nov. 2006

Case Status: Affaire Résolue

Case Outcome (Procedural)

Motion Granted

Case Outcome (Disposition)

Injunction or Order Granted
Judgment in Favor of Defendant

Keywords

Intellectual Property
Trademark

Judicial Body: Administrative Court

Court Name: IN THE HIGH COURT OF UGANDA AT KAMPALA, COMMERCIAL DIVISION

Case Number: 017 OF 2011

Case Summary: This application was brought under sections 45 and 46 of the Trademarks Act 2010 and regulation 116 of SI 217/1. It sought to have the trademark “TECNO” registered by the respondent in Uganda removed from the register on grounds of proof of prior registration in a country of origin, and/or for non-use of the trademark. My answer would be NO because the facts and circumstances of this case showthat the use of this trademark by the respondent is not warranted in the economic sectorbecause there is no particular goods it protects and maintains or creates a share inthe market for in Uganda. In the circumstances, I am satisfied that the trademark TECNO was registered by the respondent without a bona-fide intention to use the same and indeed there has never been any bona-fide use of it since it was registered in 2008. In the result,I order that the trademark TECNO registered by the respondent as No. 31786 in 2008 be removed from the register of trademarks in Uganda for non-use with immediate effect in accordance with section 46 of the Trademarks Act, 2010.In view of my finding thatthe respondent’s act is illegal as it contravenes the provisions of the Trademarks Act,2010, I direct that this matter be referred to the relevant authorities for investigation and furthermanagement.Costs of this application areawarded to the applicant.

Related Law

THE TRADEMARKS ACT, 2010. Uganda

Collection

CIPIT

Date Updated: 5 déc. 2019

Documents principaux

Potomac Tobacco Company Ltd v British American Tobacco Ltd.pdf
English
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CYRILLA: Global Digital Rights Law

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Tecno Telecom Limited v Kigalo Investments Ltd

Documents principaux

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