THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA [COMMERCIAL DIVISION] MISCELLANEOUS CAUSE NO.0017 OF 2011 TECNO TELECOM LIMITED::::::::::::::::::::::::::::::::PLAINTIFF VERSUS KIGALO INVESTMENTS LTD::::::::::::::::::::::::::::::::DEFENDANT BEFORE: THE HON. LADY JUSTICE HELLEN OBURA RULING 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. The application was supported by an affidavit sworn by Mr. Wenbig Ruan in his capacity as a Director in Tecno Investments Ltd the donee of power of attorney and agent of the applicant. He deposed that since 2009, his company had been duly appointed the Ugandan commercial agent of the applicant, a company incorporated in Hong Kong, China. Further that in that capacity, his company had been duly authorized to represent the applicant and prosecute this suit on its behalf as per the power of attorney that was attached as annexture “B” to the affidavit. He further deposed that the applicant company that primarily manufactures and exports various electronics items under class 9 including mobile phones called TECNO registered TECNO trademark in Hong Kong on 5th October 2005 under registration number 300505773. TECNO product catalogue, the company profile and a certified copy of the trademark were attached as annextures “C”, “D” and “E” respectively. He averred that TECNO products had been in Ugandan market for sometime predating the registration of the TECNO trademark by the respondent in 2008. Documents proving this were attached as group annexture “F”. He further averred that sometime in December 2010, they received a letter from the respondent’s lawyers informing them that the mark TECNO was registered in Uganda by the respondent in 2008 in respect of goods under class 9. A copy of the letter was attached as annexture “G”.