You need to register Trademark in Uganda? Contact us now, our professional team will guide you accordingly. Contact us now via WhatsApp: +255752500040 or Email: info@swissattorneys.co.tz
Introduction
In Uganda, Trademark protection can be done through local Legislation; that is The Trademark Act, No. 7 of 2010 and its regulations; The Trademark Regulations Statutory instrument No. 58 of 2012 or it can be done through African Regional Intellectual Property (ARIPO) since Uganda is a state party to the Banjul Protocol. Other state party to ARIPO treaty are Tanzania (Mainland), Zimbabwe, Botswana, Lesotho, Liberia, Namibia, Malawi, Swaziland, and Saint Tome and Principe and trademark registration done through ARIPO grants protection and recognition of your mark in the above stated ten (10) counties.
If the mark is registered under local legislation, the law grants the term of seven (7) years to initial registration starting from the date on which it was filed. If renewed, renewal term is ten (10) years.
Importance of Trademark Registration
First, Registration of a trademark gives the owner an exclusive right to use the registered mark on the goods and/ or services for which it is registered
Second, the owner of the registered mark has the right to sue for infringement of his registered mark if someone else, without being authorized by the owner, uses the same or a similar mark on the same or similar goods and / or services for which the mark is registered.
Third, Registration gives ones’ business the ability to distinguish itself from other providers in the market and prohibits others from capitalizing on an enterprises’ marketing efforts and good will.
Trademark Registration Procedures
1. Conduct Trademark search. This is a mandatory search in Uganda. Before lodging your application for trademark registration, the law imposes a mandatory condition for us to conduct trademark search first upon payment of the prescribed fee. This will help to ascertain whether the trademark we are about to apply for registration do exist in the register.
2. Lodging of Trademark application. If after conducting a mandatory trademark search, we find that your mark isnt in the register, then we shall proceed lodging a trademark application upon payment of the prescribed application fees. The application for registration should contain the following:-
- Proposed mark to be registered in jpg format
- the class of goods or services to be protected
- The name, address and signature of the applicant
- if the applicant is a foreign company or a foreigner, a Power of Attorney or a Form of Authorization (TM No. 1) to an Agent (Advocate of the High Court) will be required
3. Examination. The application will be then examined to determine its inherent reversibility and conflict with prior existing registration/applications
4. Advertisement. If accepted, the application will be advertised in the Uganda Gazette for 60 days
5. Issuance of Certificate. If there is no objection raised, after expiration of 60 days of the advertisement, the Registrar shall upon payment of the prescribed fee by the applicant enter the Trademark in the Register and issue a certificate of registration.
Contact Swiss Attorney’s for more information and assistance to handle your Trademark assignments in Tanzania, Uganda, Kenya, Zimbabwe, Rwanda, Burundi, Nigeria, Zanzibar, Ghana, Cameroon, South Africa and Zambia. We encourage you to give us a call and speak to our experienced Trademark Attorney or email us via https://www.swissattorneys.co.tz/contact-us/