Trademark Registration In Uganda

Registration requirements

Registration of trademarks in Uganda is enabled by the Principal Legislation on trademarks in Uganda the Trademarks Act No.7 of 2010 that repealed the Trademarks Act Cap 217 and Chapter 37 of the Penal Code Act Cap 120; and its regulations, the Trademark Regulations Statutory Instrument No. 58 of 2012.

There are several types of marks that qualify for registrability. These include trademarks; certification marks; identical or resembling trademarks; associated trademarks; series of trademarks, and defensive trademarks. A trademark is defined under the Act to mean a sign or mark or combination of signs or marks capable of being represented graphically and capable of distinguishing goods or services of one undertaking from those of another undertaking. A sign or mark is defined under the Act to include any word, symbol, slogan, logo, sound, smell, colour, brand label, name, signature, letter, numeral, or any combination of them.

The Trademarks Act entitles any person who claims to be the owner of a trademark used or proposed to be used to apply for its registration. This may be a natural person or entity. Goods and services are classified in accordance with the third schedule to the Trademark Regulations 2012 that make reference to the 9th Edition of the International Classification of Goods and Services for the purposes of the registration of marks under the Nice Agreement of June 15 1957 (as revised) Published by the World Intellectual Property Organization in 1992, including the explanatory notes and lists of goods and services published therein.

Registration may be effected in Part A or Part B which have different requirements. In order to have a trademark registered in part A, it must consist the name of the company, individual or firm represented in a particular manner, the signature of the applicant for registration or of some predecessor in business, an invented word or words, a word or words having no direct reference to the character or the quality of the goods or services, and not being according to its ordinary signification, a geographical name of surname. The word must be distinctive and there must be adduced evidence of distinctiveness.

Distinctiveness means in the case of a trademark relating to goods, adapted in relation to the goods in respect of which the trademark is registered or proposed to be registered, to distinguish goods with which the owner of a trademark is or may be connected, in the...