impression given by the mark and degree of similarity of the goods and/or services in respect of the mark as the parameters to guide on determination of this issue. Having found that the opponent has the legal capacity and a valid cause of action, the argument by the applicant that the opponent has no right to raise the issue thus fails. However, I shall consider whether the two marks are similar and capable of causing confusion and deception among the opponents’ customers. The English Cambridge dictionary defines “Similarity” means “the fact that people or things look or are the same”. The English Cambridge dictionary defines “deception” to mean “dishonest or illegal methods that are used to get something, or to make people believe that something is true when it is not”. The same dictionary further defines “confusion in marketing” to mean the activity of selling products or services together that makes it difficult to decide who produced it. The guiding principle must be evaluated in view of the likelihood of confusion that is in view of the conflicting marks being capable of suggesting that the goods or services have their origin in the same or economically linked undertakings. The likelihood of confusion must be appreciated globally, taking into account all factors relevant to the circumstances of the case. In the case of Nice House of Plastics v Hamidu Lubega HCT-00-CC-CS-0695-2006 court held that in matters of intellectual property, a trade mark is a word, phrase, symbol, product feature, or any combination of these that distinguishes in commerce the goods or services of its owner from those of others. A trademark, therefore, is an indicator of source. It does not tell what the goods or services are, but where they come from. In the case of SABEL BV v Puma AG court held that global appreciation of the visual, aural or conceptual similarity of the marks in question, must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components. Therefore, the marks or signs must be looked at together or independently to establish the existence of a similarity.