By Ninsiima Irene and Angualia daniel:
An opposition to the registration of a trademark grounded on existence of a similar mark will be upheld by the Registrar of Trademarks or the court, where the opponent establishes a likelihood of confusion to an average consumer in the territory where the earlier mark is protected. Likelihood of confusion is the possibility that an average consumer will be unable to distinguish goods or services bearing the earlier mark from goods or services bearing the contested mark from a different origin because of identity or similarity of the marks and identity or similarity of the goods or services covered by the mark.
The Trademarks Act 2010 prohibits registration of identical or resembling trademarks, and confers the exclusive right to the use of a trademark by the registered owner. The protection given to a registered owner of a trademark is based on the essential function of a trademark which is not to describe the goods or services but rather to indicte their source or origin. According to Kerly’s Law of Trademarks and Trade names; the essential function of a trademark is to guarantee to the consumer or the ultimate user of the origin of the goods or services by enabling him without any possibility of confusion to distinguish that product from products which have another origin. Thus the law prohibits registration of identical or resembling trademarks, except as otherwise provided. Read more