The plaintiff company being the registered owner of trademark No. 29015 (PANASUPER) in class 9 sued the first defendant company, the agent of the second defendant who claims to be the registered owner of the PANASUPER trademark in China for trademark infringement and passing off. On 29 May 2013, the third defendant also instituted a suit against the plaintiff for fraudulent registration of the PANASUPER trademark. The court granted the prayer by the parties for consolidation of the two suits.

Held:

1. That the plaintiff fraudulently registered the second defendant’s trademark with the intention of infringing it. Hence, the PANASUPER trademark should be removed from the register of trademarks in Uganda.
2. That the second and third defendants cannot sue for infringement because they are not the registered proprietors of the trademark in Uganda.

That the plaintiff shall pay the first defendant general damages along with interest and costs of the suit.