Our firm handles the registration, renewal, licensing and searching
trade marks in Uganda. We also handle litigation.
minimum documentation for a trademark application is:
- A Power of Attorney (POA) simply signed i.e
there is no need to legalize with the local consulate.
Certified Copy of the home registration of the trademark (if any)
(5) representations of the mark.
- An application form.
2. FURTHER INFORMATION:
- International Agreements - Paris Convention, TRIPS Agreement
- Classification - International; Single-class filing, provides for 34
- classes only, no provision for service marks.
- Protectable Marks - Trademarks, certification marks
- Home registration - Not needed
- Agent - Required for foreigners (simple power of attorney)
- Examination - Substantive examination
- Unregistrable -
a) Lack of distinctiveness; flags, coats of arms,emblems etc of
states or international organizations; descriptive and otherwise non
b) Excluded from registration on other
grounds - public interest,
deceptive and scandalous mark, marks
contrary to accepted principles of morality or valid laws, marks
identical to or resembling marks used by
necessary for Registration - 3 months or 90 days provided there is no
citation, objection or opposition encountered.
Duration - 7 years from filing date
- Renewal Duration - 14 years
Term - within 3 months before expiration of renewal date;extension
- Publication - After acceptance by the Registrar of
in The Uganda Gazette.
- Opposition Term - Within
60 days of publication; extension possible if allowed by Registrar.
Requirement - Non-use for 5 years following the registration marks the
Trade mark vulnerable for cancellation unless it is a defensive
registration for a well known trademark.
- Assignment - possible
ANTI COUNTERFEITING IN UGANDA
Uganda has laws to protect against counterfeiting of goods.
Counterfeiting goods is both a criminal and criminal offence in Uganda.
is the common right of passing off which is used in some instances. The
reliefs granted on proof of passing off include damages and/or
The Trade Marks Act provides for civil offenses
whilst the Penal Code Act provides for criminal offenses and their
The Trade Marks Act has provisions against
counterfeit copies of goods.
Sections 356 to 359 of the Penal Code
Act are the most useful provisions in this respect.
defines a trade mark as-
a. a mark lawfully used by any
person to denote any chattel to be an
article or thing of
the manufacture, workmanship, production, or
merchandise of such person or to be an article or thing of any
peculiar or particulardescription made or sold by such person;
any mark or sign which in pursuance of any law in force for the
time being relating to registered designs is to be put or placed
upon or attached to any chattel or article during the existence or
continuance of any copyright orr other sole right acquired under
the provisions of such law.
Section 367 provides that: Any
person who does any of the following
things with intent to defraud or
to enable another to defraud any person, that is to say-
forges or counterfeits any trade mark;
b. applies any trade
mark, or any forged or counterfeit trade mark, to
chattel or article not being the merchandise of any person
whose trademark is so forged or counterfeited;
any trade mark or any forged or counterfeit trade mark to
any chattel or article not being the particular or peculiar
description of merchandise denoted or intended to be denoted by
such trade mark or by such forged or counterfeit trade mark;
applies any trade mark or any forged or counterfeit trade mark to
anything intended for any purpose of trade or manufacture, or in,
with which any chattel or article is intended to be sold, or is sold or
offered or exposed for sale;
e. encloses or
places any chattel or article in, upon, under or with
anything to which any trade mark has been falsely applied, or to
which any forged or counterfeit trade mark has been applied;
applies or attaches any chattel or article to any case, cover, reel,
ticket, label, or other thing to which any trade mark has been falsely
applied, or to which any false or counterfeit trade mark has been
g. encloses, places, or attaches any chattel or
article in, upon,
under, with, or to any thing having thereon
any trade mark of any
other person, is guilty of a
Section 358 provides that : Any person who
sells, or exposes, or has in
his possession for sale or any purpose
of trade or manufacture, any goods or things, with a counterfeit trade
mark affixed to or impressed upon the same or to or upon any case,
package or other receptacle in which such goods are contained, shall,
unless he proves that, having taken all reasonable precautions against
committing an offence against this section, he had at the time of the
commission of the alleged offence no reason to suspect the genuineness
of the mark, be guilty of a misdemeanour.
Section 359 provides
that: All chattels, articles or instruments-
which a counterfeit trade mark has been applied; or
have been enclosed, or placed, or attached contrary to any of
the provisions of section 357 of 358; or
c. which have been
used for applying a counterfeit trade mark,
There are other minor provisions against conspiracy to
Whoever is guilty of a misdemeanour may get
about five years in jail.