a country party to the Paris Convention, a member of the World Trade Organization or a
Contracting Party to the Trademark Law Treaty or a trademark similar thereto, and the
designated goods or designated services thereof are goods or services pertaining to
those right or goods or services similar thereto, and further, the application for trademark
registration was filed without the approval of the person who has the right pertaining to
the trademark, without a just cause, by their agent or representative or by their former
agent or representative within one year prior to the filing date of the trademark registration,
the person who has the right pertaining to the trademark may file a request for a trial for
rescission of the trademark registration3. The Act has domesticated the Paris convention
to grant protection to well-known marks registered in their country of origin on this matter
the Opposition has satisfied the section 44 on the balance of probabilities.
The opponent states that the trademark has existed since 1889 and has released games
since 1998 and they have been broadcasted in 95 countries and has been viewed by over
72 million viewers, evidence that was not controverted by the applicant. Acceptance of
the evidence presented by the opponent has no substantial disadvantage against the
applicant unless it has been controverted.
Suffice it to say, television covera’ge and advertisement, and print circulation creates
broadcasting spillover because it can be quite extensive and many Ugandans would know
the trademark. The opponent is an aggrieved party and has the locus to institute the
proceedings by way of notice of opposition.
Issue II: Whether there is a likelihood of confusion between POKEMON and
POKEMON
The opponent raised an issue as to the likelihood of confusion likely to be created by the
applicant’s trademark among the customers of their products. Counsel for the opponent
in their submissions aver that that there is similarity between the marks, the overall
3
Transalation of the Act, Trademark Act ‐ Japanese/English ‐ Japanese Law Translation
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