In the country or place of origin or c the applicant

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in the country or place of origin; or (c) the applicant does not prove— (i) that within the five years immediately preceding the making of the application under this section, there has been bona fide use in connection with goods or services in Uganda of the trademark registered in the country or place or origin; (ii) that the special circumstances of the trade or affecting the provision of the goods or services account for the non-use of that trademark in Uganda within the same period; or (iii) that the trademark registered in the country or place of origin was first registered there within the period of five years, and does not give an undertaking to the satisfaction of the registrar that he or she will within three months from the making of the application under this section apply for registration in Uganda of the trademark so registered in the country or place of origin and will take all necessary steps to complete the registration. 42
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Act 17 Trademarks Act 2010 (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. P ART V—U SE A ND N ON -U SE OF A T RADEMARK . 46. Removal from register and imposition of limitations on ground of non-use. (1) Subject to sections 47(1) and 48(1), a registered trademark may be removed from the register in respect of goods in respect of which it is registered, on application to the court by an aggrieved person and subject to section 67 on an application to the registrar, on the grounds that— (a) the trademark was registered without a bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him or her or, if it was registered under section 54(1), by a body corporate or registered user concerned and that there has in fact been no bona-fide use of the trademark in relation to those goods or services by any owner up to the date one month before the date of the application; or (b) at least one month prior to the date of the application a continuous period of three years or more elapsed during which the trademark was a registered trademark and during which there was no bona- fide use in relation to those goods or services by any owner. (2) Except where— (a) the applicant has been permitted under section 25 (2) to register an identical or nearly resembling trademark in respect of the goods or services in question; or (b) the registrar is of the opinion that he or she might properly be permitted to register the a trademark, 43
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Act 17 Trademarks Act 2010 the registrar may refuse an application made under subsection (1) in relation to goods or services, if it is shown that there has been, before the relevant date or during the relevant period bona fide use of the trademark by an owner in relation to goods of the same description, being goods in respect of which the trademark is registered.
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