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Uganda
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| Bodies |
Paris Union, PCT Union, WIPO |
Conventions |
Nairobi Treaty October 21, 1983, Paris
Convention June 14, 1965, PCT February 9,
1995, WIPO Convention October 18, 1973 |
| Capital City |
Kampala |
Location |
Eastern Africa, west of Kenya |
| Area |
236,040 sq km |
| Climate |
tropical; generally rainy with two dry seasons
(December to February, June to August);
semiarid in northeast |
| Population |
30,262,610 |
| Languages |
English (official national language), Ganda or
Luganda, other Niger-Congo languages, Nilo-
Saharan languages, Swahili, Arabic |
| Legal system |
in 1995, the government restored the legal
system to one based on English common law and customary law; accepts compulsory ICJ
jurisdiction, with reservations |
| Currency |
Ugandan shilling (UGX)
Ugandan shillings per US dollar - 1,834.9
(2006), 1,780.7 (2005), 1,810.3 (2004),
1,963.7 (2003), 1,797.6 (2002) |
| GDP - per capita (PPP) |
$1,900 (2006 est.) |
| Exports |
coffee, fish and fish products, tea, cotton,
flowers, horticultural products; gold |
| Imports |
capital equipment, vehicles, petroleum,
medical supplies; cereals |
| GMT |
+3 |
| International Dialing code |
+256 |
| Responsible body for Trademarks |
Ministry of Justice and Constitutional Affairs
Uganda Registration Services Bureau (URSB) |
Law Governing Trademarks
The Trademarks Act Cap 217 Laws of Uganda
Summary of the Trademark Registration system
Once a trademark application is filed, it is examined as to its inherent registrability and conflict with
prior existing registrations/applications. If accepted, it will be advertised in the Official Government
Gazette and after the expiration of 60 days of the advertisement if there is no opposition the
Registrar shall upon payment of the prescribed fee enter the Trade mark in the register and a
Certificate is issued. If refused, an appeal can be filed with the Registrar within 30 days of refusal. If
an opposition is filed against the trademark, (extensions are allowed at the discretion of the
Registrar), the Registrar will notify the applicant of the opposition. It is presently taking 5 months for
smooth application to registration.
Classification
International Classification of Goods and Services under the Nice Agreement, at present containing 34
classes of goods (service marks for the time being are not registrable in Uganda). A separate
application is required for each class.
Protection Term
The initital term is 7 years from the date of application; indefinitely renewable for periods of 14 years.
Use Requirements
A registered trade mark should be used in order to prevent its removal from the Register. Any
registered trade mark may be removed from the Register on request of any aggrieved person, if it is
proved that on application there was no bona fide intention of use of the mark and that the mark is
not actually used, or that there has been no bona fide use of the mark for five consecutive years up
to one month before the filing of the request for removal, unless it is proved that the non-use is due
to special circumstances in the trade. Permitted use by a registered user is deemed use by the
registered proprietor of the mark.
A defensive trade mark cannot be removed from the Register on account of non-use. A mark may be
registered as defensive trade mark even though already registered otherwise for the same goods,
provided that such marks shall be deemed associated trade marks. The Registrar may cancel the
registration if the mark is no longer registered otherwise than as a defensive mark.
Marking
Optional
Requirements: Filing New Application for Registrations
Power of Attorney – signed
Name, address, Nationality, Type of Entity of Applicant
Trademark (if not a standard word mark, a copy of the print of the mark)
International class/es
List of Goods
Although Uganda is a member of the Paris Convention, it would appear that at present priority cannot
be claimed, as there are no pertinent provisions in the law.
Requirements: Renewal
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Late renewal is allowed at a fine.
Requirements: Assignment
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Deed of Assignment – signed (a nominal amount is acceptable)
If mark is in use, and is being assigned without goodwill, further fees are payable as it must be
advertised prior to acceptance of assignment
Requirements: Merger
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Certificate of Merger - notarized
Requirements: Licensing
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Licensing Agreement – signed
Requirements: Change of Name
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
Certificate of Change of Name – notarized
Requirements: Change of Address
Registration Number of Trademark or a simply copy of trademark registration certificate
Power of Attorney – signed
New Address
Opposition
A 60 day period is open for any interested party to oppose a trademark advertised in the Official
Government Gazette. Extensions can be obtained from the Registrar (together with reasons for delay
and requisite fees). The extension approval is at the discretion of the Registrar.
Cancellation
A registered trade mark should be used in order to prevent its removal from the Register. Any
registered trade mark may be removed from the Register on request of any aggrieved person, if it is
proved that on application there was no bona fide intention of use of the mark and that the mark is
not actually used, or that there has been no bona fide use of the mark for five consecutive years up
to one month before the filing of the request for removal, unless it is proved that the non-use is due
to special circumstances in the trade. Permitted use by a registered user is deemed use by the
registered proprietor of the mark.
A defensive trade mark cannot be removed from the Register on account of non-use. A mark may be
registered as defensive trade mark even though already registered otherwise for the same goods,
provided that such marks shall be deemed associated trade marks. The Registrar may cancel the
registration if the mark is no longer registered otherwise than as a defensive mark. |
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