The important question is what are the requirements for a foreign mark to be granted Protection in Uganda where it is not registered in Uganda are provided for under section 44. The opponent must satisfy, on a balance of probabilities, the requirements under Section 44. Under Section 44 (1), the registrar may refuse to register a trademark relating to goods in respect of goods or description of goods if it is proved to his or her satisfaction by the person opposing the application for registration that the mark is identical with or nearly resembles a trademark which is already registered in respect of the same goods,the same description of goods or 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. The applicant seeks to register the mark in class 30. The opponent’s mark has been registered in several countries in different classes of goods and services including class 30.Third, under section 44 (1), the opposed mark allegedly likely to be infringed by the registration of the applicant’s mark must be registered in a country (meaning the country where registration is sought) or in the place (which includes a country) from where those services originate. It is already settled that opponent’s mark is not registered in Uganda. Therefore I will now turn to the second alternative, namely that the opposed mark and its associated goods or services purported to be likely to be infringed by the registration of the applicant’s mark, must be registered in a place (country) where the services or goods originate. Under this alternative criterion, the place of origin for the opponent’s services is Japan. Section 44(3) of the Trademarks Act 2010,provides that; “ 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 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