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.

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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:

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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.

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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

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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!

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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.

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