In Uganda, the Trademarks Act, 2010, governs and deals with the mechanism of Trademark Registration. Among several other things, the Act provides for the registration of trademarks, the procedure of trademark registration, the term of registration, the effect of registration, the actions taken in issues of Trademark Infringement, the required fees for initiating legal proceedings and appeals, and trademark-related offenses.
Various types of marks qualify for trademark registration in Uganda, including identical or resembling marks, certification marks, associated trademarks, defensive trademarks, and series of trademarks. Under the Trademarks Act, 2010, a trademark refers to any sign, mark, or combination of signs or marks, which can be represented graphically and is capable of distinguishing the goods or services of one undertaking from those of others. As per the Act, a sign or mark may include any symbol, word, logo, slogan, color, smell, sound, name, brand label, numeral, letter, signature, or any combination of these elements.
The Act entitles any person, either a natural person or an entity, who claims to be the trademark owner of a mark used or proposed to be used to go ahead with its trademark registration. In Uganda, goods and services are classified following the third schedule to the Trademark Regulations 2012, which, for trademark registration, refers to the 9th edition of the International Classification of Goods and Services under the Nice Agreement of 15th June 1957 (as revised).
In Uganda, trademark registration may be accomplished in Part A or Part B, both of which have a different set of requirements. For having a trademark registered in Part A, the proposed mark must include the name of the company (a firm or an individual represented in particular) the signature of the trademark applicant or some predecessor in business, the invented word or words (word or words, which have no direct reference to the quality of services or goods). To be specific, the word or set of words must be distinctive in all aspects.
Registration in Part B requires the trademarks to be capable of distinguishing the goods or services of one trademark owner (be it an individual or a company) from those of others. Before filing a Trademark Application, an applicant is free to seek the preliminary advice of the registrar on distinctiveness. Irrespective of whether a trademark is registered in Part A or Part B, it must be capable of being represented graphically.
In Uganda, the Trademarks Act, 2010, prohibits registration of the following marks:
Trademark registration in Uganda lasts for seven (07) years from the date of application, which can be further renewed indefinitely for periods of ten (10) years upon payment of a prescribed fee.
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