3 an application to register shall not be refused

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(3) An application to register shall not be refused under this section where— (a) the applicant proves that he or she or his or her predecessors in business have in Uganda, in relation to the goods or services, continuously used the trademark for the registration of which he or she has made application from a date before the date of the registration of the other mark in the country or place of origin; or 40
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Act 17 Trademarks Act 2010 (b) the person objecting does not give an undertaking to the satisfaction of the registrar that he or she will, within three months from the giving of the notice of objection, apply for registration in Uganda of the trademark registered in the country or place of origin and will take all necessary steps to complete the registration. (4) The protection given under this section in respect of a trade mark in relation to goods and services originating from a country other than Uganda shall only be accorded if the country of origin of the goods and services accords to goods and services originating from Uganda the same treatment. 45. Removal of trademark from register on proof of prior registration in country of origin. (1) Subject to subsection (3), the court may, on application in writing within seven years from the registration in Uganda of a trademark relating to goods by a person aggrieved by the registration, remove that trademark from the register if it is proved to the satisfaction of the court that the trademark is identical with or nearly resembles a trademark which was, prior to the registration in Uganda of the trademark, registered in respect of— (a) the same goods; (b) the same description of goods; or (c) services or a description of services which are associated with those goods or goods of that description, in a country or place from which the goods originate. (2) Subject to subsection (3), the court may, on application in writing made within seven years from the registration in Uganda of a trademark relating to services by a person aggrieved by the registration, remove that trademark from the register if it is proved to the satisfaction of the court that the trademark is identical with or nearly resembles a trademark which was, prior to the registration in Uganda of the trademark referred to subsection (1), registered in respect of— 41
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Act 17 Trademarks Act 2010 (a) the same services; (b) the same description of services; or (c) goods or a description of goods which are associated with those services or services of that description, in a country or place from which the services originate. (3) A trademark shall not be removed from the register under this section in the following cases if— (a) the owner of the trademark consented to the registration in Uganda of the trademark referred to in subsection (1); or (b) the owner of the trademark registered in Uganda proves that he or she or his or her predecessors in business have continuously used that trademark in Uganda in connection with the goods or services from a date before the date of the registration of the other trademark
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