"The Counterclaimant shall further contend that the plaintiff‟ only got registered after the defendant had already applied for the same trademark to deal in the same goods and more so that the two marks are different - MOON for the defendant and PURPLEMOON for the plaintiffs therefore there is no way they are confusing to the consumers of the goods.” Obviously the pleading is contradictory. Either it is the same trademark in relation to the same class of goods or it is a different trademark with no likelihood of confusion. If it is a different trademark leading to no likelihood of confusion then the alleged objection of the plaintiff to the defendant‟s application for registration of trademark should proceed without a hitch. On another point proceedings are supposed to be taken before the Registrar of Trademarks. I accordingly refer to the letter of authority relied on by the Respondent. In the written statement of defence, the defendant attached a letter from Bingling Enterprises Ltd which is not dated but which provides that they (Bingling Enterprises Ltd) are manufacturers of "Purple Moon" blankets. They authorised and appointed the defendant to be a distributor all over Uganda. They had partnered with them since 20th April, 2012. In Annexure "C" to the written statement of defence is a letter from JIANSGU Ouman Textile Technology Ltd indicating that they are the manufacturers of the "Purple Moon Blankets" which they sell through the Respondent. They had a partnership since April 2016 with the Respondent/defendant. In Annexure "D" there is a notice of opposition to the application for registration of a trademark dated 8th September, 2016 objecting to an application by the Respondent for an advertised intention to register a trademark. On the other hand in the reply to the counterclaim the plaintiff/Counter Defendant attached annexure "A" which is a letter dated 21st July, 2015 addressed to the managing director "Purple Moon Uganda Limited" which indicates that they appointed the plaintiff to be a sole authorised agent/distributor in the Republic of Uganda. In Annexure "B" one Linyi Grene Industry & Trading Company Limited appointed Purple Moon Blankets Trading LLC Dubai, United Arab Emirates to be the sole authorised agent/distributor in the United Arab Emirates. Apparently also the trademark is registered in the United Arab Emirates. Also attached to the reply to the written statement of defence and counterclaim is Uganda Gazette of 22nd July, 2016 indicating that the Respondent applied to register "Purple Moon" in class 24 in respect of blankets, textiles and textile goods. These documents are replicated in the application for a temporary injunction and the affidavits in reply and in rejoinder. In the application, the Applicant relies on the certificate of registration. The Applicant registered a trademark and in the names of a Purple Moon Uganda Limited. In the affidavit in reply dated 30th November, 2016 Muqtar Ali Zafar a director of the Respondent in the affidavit in reply does not dwell on the trademark itself but being an agent of the manufacturers. In paragraph 6 of the affidavit in reply, he deposed that the Respondent applied to have the goods registered. The obvious question is whether it is the goods to be registered or a trademark? In paragraphs 7 he deposed that the Applicant fraudulently applied and obtained Decision of Hon. Mr. Justice Christopher Madrama Izama *^*~ *&*$$$# xtra+ maximum735securityx 2017 style 14