3 where in relation to any goods in respect of which

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(3) Where in relation to any goods in respect of which a trademark is registered— (a) the matters referred to in subsection (1) (b), are shown so far as regards non-use of the trademark in relation to goods to be sold or otherwise traded in a particular place otherwise than for export from Uganda or in relation to goods to be exported to a particular market outside Uganda; and (b) a person has been permitted under section 25(2) to register an identical or nearly resembling trademark in respect of those goods under a registration extending to use in relation to goods to be sold or otherwise traded in, in that place otherwise than export from Uganda or in relation to goods to be exported to that market or the registrar or the court is of opinion that he or she may properly be permitted to register the trademark, on application by that person to the court and subject to section 68, to the registrar, as the case may be, 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. (4) Where in relation to services in respect of which a trademark is registered— (a) the matters referred to in subsection (1) (b), are shown so far as regards non-use of the trademark in relation to services to be provided or otherwise available for acceptance in Uganda or in relation to services to be exported to a particular market outside Uganda; and 44
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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.
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