Uganda is an East African Country that follows the common law system as a former colony of Great Britain. Intellectual Property law in Uganda thus falls under this system. Trademark protection is regulated by the Trademarks Act (No. 17 of 2010). Protectable subject matter under this law, is defined as a sign or combination of signs, capable of distinguishing goods or services of one undertaking from those of other undertakings.
The filing process
A foreign applicant appoints a local agent to undertake the application process on his or her own behalf by filing a Power of Attorney with the government Intellectual Property Office. This authorizes the agent to undertake all actions on behalf of the trademark applicant, which includes carrying out a search at the trademark registry, upon payment of a prescribed fee, to ascertain whether the trademark exists in the register.
Pursuant to the Trademark Regulations No. 58 of 2012, the Trademark Application is made in Form TM2 through which a representation of the mark is displayed. Where such representation cannot be placed in Form TM2, a specimen or copy of the trademark may be sent either of full size or on a reduced scale and in such form as the trademark registrar may think most convenient. The form TM2 also includes the applicant's name and address and the class to which the trademark application is made. The form is submitted online to the Government IP Office on payment of the prescribed fee.
Filing in different classes
Where an application for registration of the same mark is to be made in different classes, this shall be treated as separate and distinct applications. Similarly, where an application is made for the registration of a series of trademarks, in respect of the same goods or services or the same description of goods or services, a representation of each trademark of the series shall be included in the application form.
Once a search has been conducted in the registry and there is no record of any marks identical to the mark applied for and in respect of the same goods or services or description of the same, the registrar may accept the application absolutely or subject to such conditions as he or she may think right. An acceptance of or objection to the application by the registrar has to be furnished in writing.
Acceptance of the application
Where an application for registration of a trademark has been accepted absolutely or subject to conditions or limitations, the registrar shall cause the application to be published in the Uganda Gazette or in any other media for sixty days. If there is no objection to the application within the sixty-day period, the registrar shall register the trademark from the date of the application for registration, which shall be taken to be the date of registration. Such registration shall be for a period of seven years and shall be renewable every ten years upon payment of a prescribed fee.
The whole registration process takes a period of roughly two and a half months depending on backlog in the trademark registry though this has been smoothened out with the online filing system.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
