2010 support freedom of movement of goods and services in the East African Community within the limitations contained in the sections. In the Treaty for the Establishment of the East African Community (As amended on 14th December, 2006 and 20th August, 2007) article 7 provides that there shall be free movement of goods and persons, labour, services, capital information and technology. It provides in article 7 (1) (c): ―ARTICLE 7 Operational Principles of the Community 1. The principles that shall govern the practical achievement of the objectives of the Community shall include: (c) the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology; (g) the principle of complementarity; and…‖ The decision of the Registrar stifles free movement of services within the East African Community by restriction on the registration of a trademark registered prior in time in Kenya on the ground of registration of a trademark albeit registered later in time to Uganda. Before taking leave of the matter I will briefly consider the issue of similarity of marks or likelihood of confusion in the context of an application for registration of a foreign registered Trademark. This addresses grounds 1, 5, 6, 7 and 8 of the grounds of appeal in the Appellants Notice of Motion. A critical examination of the registrars ruling shows the following: On his comparison of the two marks he came to the right conclusion that the two marks visually do not resemble in paragraph 39 of his ruling. For emphasis I refer to the marks again. The Appellants mark which was registered in Nairobi in the year 2000 has remained the same. It has the words ―Nairobi Java House Coffee & Tea‖. In more specific description the word NAIROBI

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