What Is A Trademark?
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity.
How To Register A Trademark In Uganda
1. Exclusive use of the trademark for goods and services or both upon registration.
2. Right to stop other people from using the trademark without the permission of the owner.
3. Trademark provides legal protection from imitators trying to profit from the business identity of a registered user of the trademark.
4. Trademark is a valuable intellectual property business asset that can be sold or licensed, assigned or transmitted.
5. The registered user of trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of the trademark.
Duration of the term of registered trade mark) Search. A person who intends to apply for the registration of a trademark carries out a search in the trademarks registry to ascertain whether the trademark exists in the register and if not, whether it is suitable, that is, it is not offensive. A person may thereafter seek advice of the Registrar as to whether the proposed trademark appears to the registrar to be inherently adapted to distinguish or capable of distinguishing goods or services of the proposed undertaking from those of other undertakings. The registrar shall then advice accordingly.
b) Filing of Application for trademark registration. The application is filed upon payment of application fees. The application should contain the mark proposed to be used, the class of goods or services, the name, address and the signature of applicant. If the applicant is a foreign company, a power of attorney or form of authorization to an advocate of the High Court of Uganda will be sufficient.
c) Examination of application. The registrar will then determine the trademark is registrable and whether it conflicts with prior existing registrations or applications for trademark registrations.
d) Publication of Application. If the application is accepted by the registrar, the application will be advertised in the official Government Gazette for 60 days. If there is no opposition after the expiration of sixty days of the advertisement, the Registrar shall upon payment of the necessary registration fees by the applicant enter in the trademark register and issue certificate of registration of the trademark.The duration of trademark upon registration is for a period of seven years and upon expiry is renewed every ten years.
Trademark Registration Procedure In Uganda
a) Conduct a Search. A person who intends to apply for the registration of a trademark carries out a search in the trademarks registry to ascertain whether the trademark exists in the register and if not, whether it is suitable, that is, it is not offensive.
b) Advice by the Registrar. A person may if he or she wishes obtain advice from the registrar as to whether the proposed trademark appears to the registrar to be inherently adapted to distinguish or capable of distinguishing goods or services of the proposed undertaking from those of other undertakings. The registrar shall then advice accordingly.
c) Filing of Application for trademark registration. The application is filed upon payment of application fees. The application should contain the mark proposed to be used, the class of goods or services, the name, address and the signature of applicant. If the applicant is a foreign company, a power of attorney or form of authorization to an advocate of the High Court of Uganda will be sufficient.
d) Examination of application. The registrar will then determine the trademark is registrable and whether it conflicts with prior existing registrations or applications for trademark registrations.
e) Publication of Application. If the application is accepted by the registrar, the application will be advertised in the official government gazette for 60 days.
f) Certificate of registration. If there is no opposition after the expiration of sixty days of the advertisement, the Registrar shall upon payment of the necessary registration fees by the applicant enter in the trademark register and issue certificate of registration of the trademark.
Fees Payable For Trademark Registration
The fees payable depends on whether the trademark is a local or foreign trademark.
The other determining factor is whether the applicant intends to use an attorney in the process of trademark registration or will follow up the trademark registration process without the help of an attorney. The amount payable in professional fees depends on the attorney engaged in the registration process.
Opposition Of Trademark Registration
There are instances when the trademark which is intended to be registered conflicts with an already registered trademark. The law allows such a person to oppose the registration of a trademark that he or she is of the opinion that it conflicts with their trademark.
a) Filing notice of opposition. The opposing party files a notice of opposition and statement of grounds with the registrar of trademarks within sixty days from the date of publication of the trademark application. The applicant is then sent a copy of the opposition documents for a response.
b) Counterstatement filed by applicant. The applicant files a counter statement within thirty days. The counter statement is then sent to the applicant for reply if any and further evidence.
c) Hearing of the opposition and decision. The opposition is then set down for hearing and a decision is made by the registrar. Any party aggrieved by the decision of the registrar has a right through his or her advocate to appeal to the High Court of Uganda.
Trademark Fees In Uganda
Search prices First class Ugx 426013.44 – Each additional class Ugx 355011.20
Searches for a trademark’s figurative elements (logo) are not available. The search will only be for the trademark’s verbal elements.
Application prices First class Ugx 4437640.00 – Each additional class Ugx 4437640.00.
How Long Does It Take To Register A Trademark In Uganda?
Between 10 and 18 months
The period from filing to registration may take between 10 and 18 months. However, this depends on whether there is a backlog at the registry.
Can I Register Trademark By Myself?
Yes, it is possible for a common man filing a trademark to not appoint an attorney, especially when all the laws and rules are properly laid down for a trademark to be filed. Any layman who wants to register a trademark can apply himself.
What Are The Documents Required For Trademark Registration?
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Who Can Apply For Trademark Registration?
An Individual (Person)
An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.
How Do I Trademark My Logo?
Trademark Application Process
- Complete a trademark search.
- Secure your rights.
- Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.
- Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.
- Submit an “intent-to-use” form.
- Pay the fees.