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How To Register Trademarks In Uganda

Registration of Trademarks in Uganda is governed by the Trademarks Act 2010 and the Trademark Regulations 2012. 

The registration is done at Georgian house in Uganda, Kampala at the Uganda Registration Services Bureau.

Before embarking on the process of registration of a trademark, the person wishing to register the trademark must first of all establish whether the mark has protectable subject matter.

A Trademark is said to have a protectable subject matter where the mark is capable of distinguishing Goods or services of one undertaking from those of other undertakings or if the mark is not inherently capable of distinguishing the relevant goods or services, then it has acquired this distinctiveness through use, and the mark should be capable of graphical representation in order to be registered.

After establishing that the mark, sign or combination of both has protectable subject matter, then you can go ahead to make an application for its registration as a trademark.

Highlights of the process for registration of trademarks

  • you will have to first pay a non refundable application fee for registration of around 15 U.S Dollars.
  • You will then be given Form TM 2 for application for registration which shall contain a representation of the mark and form TM 3 on which you will affix at least four additional representations of the mark corresponding to that affixed to form TM 2
  • you will then have to pay a non refundable search fee of 8 U.S Dollars in order to have the registrar conduct a search
  • Upon receipt of the application and proof of payment for both the application and the search, the registrar shall cause a search to be made among the registered marks and those pending registration for the purpose of ascertaining whether the mark seeking to be registered is already registered by a different owner or whether there is an identical mark similar to the mark seeking to be registered and this is for the purpose of finding out whether the mark is free to be registered or not.
  • After the search, the registrar may accept the application absolutely, object to the application or accept the application subject to such conditions or amendments
  • If the registrar accepts the application subject to any conditions, amendments, disclaimer, modifications or limitations, the registrar shall communicate the acceptable to the applicant in writing.
  • If the application is allowed absolutely or subject to conditions or limitations, the registrar shall cause the application to be published in the gazette upon paying a sum of around 60 dollars which is the gazette fee.
  • As soon as possible after the expiration of sixty days from the date of the advertisement in the gazette, the registrar shall, subject to any opposition as to the registration of the trademark and upon payment of the prescribed fee which is around 30 dollars, enter the trademark in the register.
  • Upon registration, the registrar shall issue to the applicant a certificate of registration.
  • These are some, not all the steps you will have to take to register your trademark as it is quiet a long process and this is were we at brand guard can help our clients who want to register there trademarks, with this process as this is one of the services we offer to our clients.

    We also help our clients to renew and also certify their trademark documents because registration is for a period of seven years and renewal shall be done every ten years upon payment of a prescribed fee. Certification is done for evidential purposes especially for court related matters.

    Davis Ngonde,

    LLB, Dip.LP.LDC

     

    Last modified on Thursday, 31 October 2019 09:42
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