In this case, the court considered the capacity (locus standi) and tests for making an application, under ss 45 and 46 the Trademarks Act.
In this case, the competitors were trading in respect of goods in class 9 (phones and other electronic goods). The court determined whether the applicant (a registered owner of the trademark TECNO in Hong Kong) had the locus standi to challenge registration of the trademark TECNO in Uganda. The court applied the rule that an agent of an owner of a registered mark in a Paris Convention member country had such capacity and held that the applicant had the capacity.
The court observed that the trademarks of the litigants were identical in terms of wording and in respect of the same goods. The court applied the rule that the mere adoption of a mark without bona fide use does not create trademark rights. The court noted that the respondent was using the mark for illegal purposes such as counterfeiting and passing off. Accordingly, the court ordered that the trademark be removed for non–use as per s 46 of the Trademarks Act.