2010 support freedom of movement of goods and services in the East African Community within
the limitations contained in the sections.
In the Treaty for the Establishment of the East African Community (As amended on 14th
December, 2006 and 20th August, 2007) article 7 provides that there shall be free movement of
goods and persons, labour, services, capital information and technology. It provides in article 7
(1) (c):
―ARTICLE 7
Operational Principles of the Community
1. The principles that shall govern the practical achievement of the objectives of the
Community shall include:
(c) the establishment of an export oriented economy for the Partner States in which there
shall be free movement of goods, persons, labour, services, capital, information and
technology;
(g) the principle of complementarity; and…‖
The decision of the Registrar stifles free movement of services within the East African
Community by restriction on the registration of a trademark registered prior in time in Kenya on
the ground of registration of a trademark albeit registered later in time to Uganda.
Before taking leave of the matter I will briefly consider the issue of similarity of marks or
likelihood of confusion in the context of an application for registration of a foreign registered
Trademark. This addresses grounds 1, 5, 6, 7 and 8 of the grounds of appeal in the Appellants
Notice of Motion.
A critical examination of the registrars ruling shows the following:
On his comparison of the two marks he came to the right conclusion that the two marks visually
do not resemble in paragraph 39 of his ruling. For emphasis I refer to the marks again. The
Appellants mark which was registered in Nairobi in the year 2000 has remained the same. It has
the words ―Nairobi Java House Coffee & Tea‖. In more specific description the word NAIROBI