Kenya in respect of the Trademark ―Nairobi Java House Coffee & Tea‖ on the 4th of December 2000 in class 30 (Schedule III) Under Number 50133 as of the 8th of May 2000, in respect of Coffee, tea, foodstuffs and bakery products etc. It is again registered in class 11 under trademark number 63904 for apparatus for lighting, heating, steam generating, cooking, drying, ventilating and others on the 5th of February 2009 with the effective date of registration being 20th August 2008. The Ugandan Trademarks Act 2010 has domesticated some of the principles of the Paris Convention for the Protection of Industrial Property under sections 44 and 45 thereof. Section 44 (1) gives the registrar power to refuse a trademark where it resembles or is identical with a foreign registered trademark registered prior in time. Section 44 (2) gives the Registrar discretionary powers to refuse to register a foreign registered trademark on the ground that the mark is identical with or nearly resembles a trademark which is already registered in respect of the same services, the same description of services; or goods or a description of goods or services which are associated with those services or services with that description in a country or place from which the services originate. However section 44 (3) provides that the Registrar shall not refuse the application for registration in Uganda if the Applicant proves prior use continuously of the mark before the registration of the foreign trademark in the country of origin. The general principle that emerges from sections 44 and 45 of the Trademarks Act 2010 of Uganda is that the mark registered first in time takes priority to a later trademark in case of resemblances. Section 45 further gives the court jurisdiction to remove from the register a trademark which is registered after a foreign registered mark in case the trademark registered in Uganda is identical with or nearly resembles a trademark of the plaintiff registered in a foreign country in respect of the same services etc and registered prior in time. Last but not least I have considered the fact that Kenya and Uganda are part of the East African Community and operate under the principle of complementarities under articles 7 of the Treaty. The community law is that Member States which include Kenya and Uganda shall enact similar laws with regard to the removal of non tariff and other technical barriers to trade and measures that restrict free movement of goods and services. Sections 44 and 45 of the Trademarks Act