Trademark Registration In Uganda: What You Need To Know

• Published date: 26 June 2023
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Byenkya, Kihika & Co. Advocates
• Author: Dr. Anthony C.K. Kakooza

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...