Issues
1. Whether the opponent has the right to object to the registration of Trademark No
56916, “POKEMON”?
2. Whether there is a likelihood of confusion between “POKEMON” and
“POKEMON”?
3. Whether Trademark No 56916 POKEMON offends Section 9, Section 23, and
Section 44 of the Trademarks Act 2010?
4. What are the remedies available for the parties?
Law applicable
The Trademarks Act, 2010
The Trademark Regulations, 2012
The Paris Convention for Protection of Industrial Property 1883
Issue I:
Whether the opponent has the right to object to the registration of Trademark No
56916, POKEMON?
Locus standi was defined in the case of Fakrudin & Anor v Kampala District Land
Board & Anor HCCS 570 of 2015 to mean the legal capacity of a person, which enables
him or her to invoke the jurisdiction of the court in order to be granted a remedy.
In Fenekasi Kiwanuka vs. Malikit Singh Sondh case (supra) this court had the
occasion to observe that one of the basic tenets that underpin the principle of locus
standi is that court’s time should not be wasted on hypothetical and /or abstract issues,
or at the instance of mere busy bodies who have no genuine cause.
Registration of a trademark is made under Section 12 of the Trademarks Act, 2010.
Section 12 (1) prescribes that any person, may within prescribed time from the date of
publication of the application for a trademark, give notice to the registrar objecting to the
registration. The objection by the opposing party shall be within 60 days from the date of
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