Ogwang T/a Shandard & Anor (High Court Civil Suit 240 of 2006) [2012] The Hon. Lady Justice Hellen Obura, cited with emphasis the case on the audio sound of the two marks of Parke Davis & Company Limited v Opa Pharmacy Limited [1961] EA 556, the appellant company was selling tubes of ointment parked in distinctive cartons under the registered trade name “Capsolin”. On the other hand, the respondent company was selling a similar ointment under the registered name “Capsopa”. The appellant sued the respondent claiming for an injunction to restrain it from passing off its product as that of the appellant and damages or an account of the profits made. The trial judge dismissed the suit on the ground that there was no evidence of confusion among the public and that “Capsopa” was not likely to be confused with “Capsolin”. On appeal it was held inter alia that: “(i) since the first two syllables in the trade name used by each of the parties were identical and there were resemblances in the containers there was a real probability of confusion and the appellant company was entitled to an injunction”. (ii) “The application of the logo and company name is not only applied on billboards and stationery but also using audio. When it comes to sound (audio) Standard Signs and Shandard Signs, there I visualize total confusion of their clientele. They might sound like identical twins in the same business handling same clients” The two marks do not just look alike but have the same pronunciation, any average reasonable customer is likely to associate the two marks and attribute them to the same producer and thus the applicant will be benefiting from the reputation of the opponent. In the case of Arsenal Football Club versus Matthew Reed Case C-206/01, the European court of justice held that the function of trademarks is to guarantee the identity of origin of the trademarked goods or services to the consumers or end-user by enabling them without any possibility of confusion to distinguish the goods and services from others with another origin. The condition of use of a sign identical to the trademark for the purpose of distinguishing goods or services, is a concept which should be interpreted broadly, so as to include in particular use as a badge of support for or loyalty or affiliation to the proprietor of the trademark. Ordinarily to consider the owners right, the owner has to either to apply for such registration or apply to deregister a person who has registered a similar trademark i.e., under section 45 of the Trademarks Act 2010 which states that, Subject to subsection