(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. There is no speculation as to the identity of the opponent’s mark therefore, the mark by the applicant is not only similar but the same as the opponent’s mark which contravenes section 25 of the Trademarks Act, 2010. Issue III: Whether Trademark No. 56916 POKEMON offends against the Trademarks Act The applicant in their written submission state that the registrar was satisfied that POKEMON was distinctive and allowed it to proceed to publication. First and foremost, the registration of trademarks is governed by the Trademarks Act 2010. For emphasis the procedure is as follows; Section 1 defines “trademark” to mean, a sign or mark or combination of signs or marks capable of being represented graphically and capable of distinguishing goods or services of one undertaking from those of another undertaking. Section 5 provides that a person who intends to apply for the registration of a trademark shall carry out a search to ascertain whether the trademark exists in the register upon payment of a prescribed fee.