 In a statutory declaration in support of the counter statement by Kevin Ashley the Group Chief Executive of the Appellant it is further deposed that: o The Applicant has a 15 year trading history. o The trade Mark registered as "Nairobi Java house coffee & tea" was registered in class 30 under trademark number 50133 in Nairobi Kenya on the 8th of May 2000 and in respect of coffee, tea, foodstuff, and bakery products etc. o Under trademark 63904 registered class 11 on 20 August 2008 it was also registered for lighting appliances, heating, steam generating, cooking as well as provision of foods and beverages etc The decision of the Registrar clearly relies on the evidence considered above in the statutory declarations. The summary of evidence by the Registrar demonstrates that the Assistant Registrar did not take into account the prior registration of the Appellant in Nairobi Kenya in respect of the same trademarks sought to be registered in Uganda. This influenced the legal basis for consideration of the issues in the application for registration. In the consideration of the issues the Assistant Registrar took into account the fact that the opponent or the Respondent to this appeal is a registered owner of the trademark "Cafe Javas" with the devise of a smoking (steaming) cup over the right side of the word ‗Javas‘ and is registered in class 43. The opponent's case is that it had been using the marks on restaurant services which are the same services for which the Applicant is seeking registration of their trademark. On the other hand the Applicants sought the registration of the Mark "Nairobi Java house" with the devise of a face in a sun in respect of the same services in class 43 as well. Class 43 deals with services for providing food and drink, restaurant, catering services, booking and reservation services for restaurants. The Registrar then dealt with the issue of descriptiveness of the two trademarks. In other words the Registrar considered whether the word "Java" in the Applicant‘s proposed trademark sought to be registered was capable of registration on the ground that it is not capable of distinguishing services of the opponent because the word "Java" is or has become synonymous with coffee shops and restaurants worldwide. The Assistant Registrar further considered the meanings of the word "Java" to mean coffee or an Indonesian island or a computer programming language. He held that from the Applicant‘s evidence the word "Java" does not disclose restaurants or even relevant activity which is the provision of food