Trademark Registration in Uganda – A trademark is a distinctive sign, could be a name, signature, drawing or symbol, which is used to distinguish similar goods or services of different companies.
Trademarks, besides serving the owner also help consumers to identify, choose and finally purchase a product or service because of its quality, as it has been displayed by the trademark owner over the years. Registration of a mark gives an exclusive right to the use of that mark by its known as registered user, and any other beneficiaries. This exclusive right is extended for the first/initial period of seven years and renewable for ten years consecutively.
A person using an unregistered mark will most likely infringe a registered mark and is at a risk of facing legal action which in the final analysis can make him/her bankrupt due to heavy penalties imposed against him/her.
Requirements for Trademark Registration in Uganda is as follows:
- Name of the applicant
- Physical address and signature of the applicant
- If the applicant is from a foreign country, a Power of Attorney or Form of Authorization (TM no. 1) to an agent (Advocate of the High Court) will be required.
The Process for Trademark Registration in Uganda involves the following steps
- The first step is to carry out a search to ascertain whether the trademark exists in the register upon payment of a prescribed statutory fee.
- Upon payment of application fees, a trademark application is filed.
- The application is then examined to determine its register-ability and conflict with prior existing applications.
- If the application is accepted, it will be advertised in the Uganda Gazette for 60 days. If there is no objection within and after the expiration of 60 days of the advertisement, the Registrar shall enter the trademark in the register and issue a Certificate of Registration.
- The trademark will be valid for seven years from the filing date of the application and may be renewed indefinitely for successive ten year periods upon payment of renewal fee.
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