defined as “a sign or mark or combination of signs or marks capable of being represented graphically and capable of distinguishing goods and services of one undertaking from that of another undertaking”. The statutory definition of “passing off” has added another approach in wording of the definition by stating that the defendant falsely represents the goods as that of another in an attempt to deceive potential customers. In this definition it is not essential to prove that there was an actual sale of the goods as that of another though an attempt to do so has to be shown. Secondly there has to be a false representation. From the definition it is essential to show that there is a reputation and good will in trademark acquired over time. The parties have not properly defined the terms trademark purposes of this application. Is the complaint of the plaintiff/applicant in the use of trademark name, the getup or both? As far as the trademark attached as annexure “A” to affidavit of Esther Kilonzi is concerned, it has the words: the for the the “ Britania Nice & Lovely Petroleum Jelly For your family 110 g Store in a cool dry place” The Registrar of Trademarks in the certificate of registration of trademark specifies that this trademark shall give no right to the exclusive use of the words PETROLEUM JELLY FOR YOUR FAMILY”, “100g”, “STORE IN A COOL DRY PLACE”. It was registered in part “A” in the names of Britania Cosmetics Ltd on the 8th of August 1996 in respect to body lotions, perfumes, and body jelly. The deed of assignment to the applicant is by Britania Allied Industries Limited which is the assignee of Britania Cosmetics Ltd the owner of the Trade Mark. I have further noted that paragraph 2 and 3 of the affidavit in rejoinder of Charles Njenga avers inter alia that the applicant is a manufacturer of cosmetics known as “Nice & Lovely”. He attached the trademark certificate, its renewal and certificate of assignment dated 10th February 2009 to the applicant. What were being assigned are the proprietary rights to Trademark No. 20189 registered in part A in respect of, body lotion, perfumes and body jelly. The trademark referred to above includes the names “Britania Nice & Lovely” and not just “Nice & Lovely”. Secondly it is the combination of words that is protected by law. Counsel for the applicant made a strong submission as far as the trade dress of the respondent‟s products is concerned. The trade dress or get-up counsel referred to are attached to paragraphs “F” and “G”