,

Affiliated organizations

An affiliated organization is one which is formally or closely connected to or controlled by a nationally or internationally incorporated organization or group.

Such an organization cannot lawfully operate in Uganda unless it is also duly registered under the Act.

,

Adjudication and appeals mechanisms

The Act provides for the due process of adjudication of disputes and appeals mechanisms by NGOs. A person aggrieved/ dissatisfied by the decisions of the SNMC may appeal to the DNMC. A person aggrieved by the decision of the DNMC may appeal to the Bureau. The decisions given on such appeal must be in writing. A person aggrieved by the decision of the Bureau may appeal to the Adjudication committee of the Bureau. The adjudication committee of the Bureau is appointed by the minister and constituted of: a chair person who must be an advocate of the High Court with not less than 10 years standing; a representative or the Organization; a representative of the Bureau and two senior citizens. The adjudication committee has powers to confirm, set aside, vary, or quash the decision in question or require the Bureau to revise or review its decision or make such order as may be appropriate in the circumstances. A person who is dissatisfied with the decision of the Bureau may appeal to the High Court.

, , ,

Trademark Protection In Uganda

Trade mark protection:

trademark-registrationProvision is made in the Act for the registration of trade marks for goods and for services. However, as the Rules under the old Act are still in force, they make no provision for the classification or registration of services.

The Act also provides for certification marks as well as for defensive registration of trademarks, and for the registration of series of trade marks.

The Act further provides for the register to be pided into two Parts, Part A for trademarks which are distinctive, and Part B for trademarks which are capable of distinguishing.

Read more

Application documents required

Application:

required-documentsAn application is filed with the Uganda Registration Services Bureau (URSB), headed by the Registrar General and operating under the supervision of the Ministry of Justice and Constitutional Affairs.

The following information and documents are required:

  • Full particulars of the applicant
  • Power of attorney (simply signed), to be submitted with the application
  • List of the goods or services for which registration is sought
  • The trademark, with a print of the mark if it is not a standard word mark.

Read more

, , ,

The Common Law Rights: In Trademark Registration

Common law rights:

law rightsFrom an enforcement perspective, Uganda is a former British Colony and, as such, it recognizes that a person who has acquired a reputation in a mark in relation to goods or services may prevent others from misrepresenting that they are associated with the proprietor in a manner that is likely to cause confusion and deception and damage to the person with a reputation.

This right is expressly recognized by the Trade Marks Act which states that nothing in the Act shall be taken to affect a right of action against a person for passing off goods or services as the goods or services of another or the remedies in respect of the right of action.

Marking of goods:

The marking of goods is optional. Read more

conventions Uganda Is a member of

Uganda

Uganda is an independent Republic within the British Commonwealth situated in East Africa. It is a landlocked state bordered by Sudan in the north; Democratic Republic of Congo in the west; Rwanda and Tanzania in the south and Kenya in the east.

International/regional conventions:

Uganda is a member of the following international/regional intellectual property related agreements:

Read more

,

Trademark registration procedure

Trademark registration procedure in Uganda

    • Trademark-RegistrationsConduct a Search. A person who intends to apply for the registration of a trademark carries out a search in the trademarks registry to ascertain whether the trademark exists in the register and if not, whether it is suitable, that is, it is not offensive.
    • Advice by the Registrar. A person may if he or she wishes obtain advice from the registrar as to whether the proposed trademark appears to the registrar to be inherently adapted to distinguish or capable of distinguishing goods or services of the proposed undertaking from those of other undertakings. The registrar shall then advice accordingly.

Read more

,

Types of marks which can be registered

Different types of marks which can be registered in Uganda

  1. A Service mark. This is a trademark that is used for advertisement of services. For example a hotel can register its mark for its services. Businesses use service marks to identify their services and distinguish them from the services of their competitors.
  1. A Collective mark. This is a trademark that distinguishes the goods and services of members of an association from those of any other undertaking. Collective marks usually belong to a group or association of enterprise. Their use is reserved to the members of such group or association. Read more

Definition of trademark

db410-trademark_protectionA trademark is a sign that is used to distinguish the goods and services offered by one undertaking from those of another. The trademark must be able to distinguish goods and services and should not be misleading.

A trademark may consist of any word, symbol, design, slogan, logo, colour, label, name, signature, letter, numeral or any combination of them and should be capable of being represented graphically. A trademark protects goods whereas service mark protects services of the registered user.

Trademark registration in Uganda is governed by the Trademarks Act, 2010. The Act provides for among other things; the registration of trademarks, the procedure for and duration of registration, the effect of trademark registration and action for infringement of a trademark, the  fees for legal proceedings and appeals and trademark related offences. Read more

,

Uganda Trademark search – Why you need the study

Uganda Trademark search – Why you need the study

trademarksDuring trademark registration process in Uganda, objections may arise for several causes: similarity with a previous trademark (graphic or phonetic), similarity with a notorious famous, trademark too generic, etc. Trademark Comprehensive Study will help you identify potential obstacles so you can properly evaluate your chances of registration.

What trademark search should cover

Trademark Comprehensive Study should include the following sections:

a) Class Identification: Trademarks are registered in classes; the search report should define the classes for your trademark according the description that you provide the trademark attorney. Read more

Get in touch!

BMK House, 4th Floor, Suite No.402, Plot 4-5 Nyabong Road, Wampewo Avenue, (hotel Africana)

P.O.Box 27689 Kampala.

Mob: +256774477656

About Firm

Angualia Busiku & Co. Advocates (Registration Number 179893) is a law firm which is comprised of lawyers with previous experience in government service, corporate institutions and law firms.

Opening Hours

Mon-Fri: 8:00-17:00
Sat: Appointments
Sun: Closed

Outside the office working hours, we are available on video legal consultation after prior appointment.

Keep In Touch

Sign up to our mailing list for monthly updates, events and opportunities.

© Copyright - Angualia Busiku & Co. Advocates
error: Content is protected !!