Trademarks Law in Uganda
Sure! Here’s a detailed overview of trademark law in Uganda:
Trademark Law in Uganda
1. Legal Framework
Trademark protection in Uganda is primarily governed by the Trademarks Act, 2010 (Cap 83).
The Uganda Registration Services Bureau (URSB) is responsible for trademark registration and administration.
Uganda is a member of several international treaties:
The Paris Convention
The Madrid Protocol (acceded in 2015)
The TRIPS Agreement
The Bangui Agreement through OAPI (Note: Uganda is not an OAPI member, but this is relevant for regional IP)
2. Definition of a Trademark
A trademark includes any sign capable of distinguishing the goods or services of one enterprise from those of others.
This can include words, logos, symbols, shapes, sounds, or combinations thereof.
3. Registration Process
Applications are filed with the Uganda Registration Services Bureau (URSB).
The general procedure is:
Formal examination to check compliance with filing requirements.
Substantive examination to check distinctiveness and conflicts.
Publication in the official Trademark Journal for 60 days for opposition.
Registration if no opposition or after successful opposition resolution.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
It can be renewed indefinitely in 10-year terms upon payment of renewal fees.
5. Rights Conferred
Exclusive right to use the trademark on the registered goods and services.
Right to prevent unauthorized use or infringement.
Right to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use or imitation that may confuse consumers.
Enforcement is through civil courts.
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
Criminal penalties may apply for counterfeit trademarks.
7. International Registration
Uganda is a member of the Madrid Protocol, allowing trademark owners to seek protection in Uganda via international registrations.
Foreign applicants can file through the international system or directly with URSB.
Summary Table
| Feature | Uganda Trademark Law |
|---|---|
| Governing Authority | Uganda Registration Services Bureau (URSB) |
| Main Law | Trademarks Act, 2010 |
| Registration Term | 10 years, renewable indefinitely |
| Opposition Period | 60 days |
| Use Requirement | No strict use requirement, but non-use can lead to cancellation |
| International Filing | Madrid Protocol member |
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