It is the argument of the applicant therefore, that the opponents mark is not protected within Ugandan laws. However, Uganda is party to international conventions as already discussed above and from that basis that Uganda and Japan both benefit protection accorded by the treaty. In the case of McDonald's Corporation v Joburgers Drive-Inn Restaurant (Pty) Ltd and Another (547/95) [1996] ZASCA 82; 1997 (1) SA 1 (SCA); [1996] 4 All SA 1 (A) it was held that a mark was "well known in the Republic" if it was well known to persons interested in the goods or services to which it related. Well-known trademarks are marks that are universally recognizable by the general public and are widely renowned. These marks enjoy wider protection under trademark law, due to their reputation with the general public.1 I find this decision persuasive. Article 6bis provides for protection of well-known trademarks and accord a five years protection before registration in a domestic country. Paragraph 4,5,6,7 and 8 of the opponent’s application for objection indicate that the trademark POKEMON is well known and provided statistical figures which are reiterated in the Statutory Declaration deponed by the opponent. The effect of this Article is to extend protection to a trademark that is well-known in a member country even though it is not registered or used in that country. The protection of the well-known trademark results not from its registration, which prevents the registration or use of a conflicting trademark, but from the mere fact of its reputation2 In the Kenyan case of Weetabix Limited v Manji Food Industries Ltd [2015] eKLR held that Section 15A of the Kenyan Trade Mark Act provides that well known trademarks shall be protected in Kenya whether or not they are registered in Kenya. In particular section 15A (4) prohibits the registration of any trademark if that trademark or an essential part thereof is likely to impair, interfere with or take an unfair advantage of the distinctive character of the well-known trade mark. 1 2 Changes for well‐known marks (WKM) | Harper James WIPO Intellectual Property Handbook 2nd Edition page 251 par 5.82

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