FREQUENTLY ASKED TRADE MARK QUESTIONS
Beside a non-legalised Power of Attorney no further documents are required. Foreign applicants do not need any establishment in Uganda. A local representative suffices, There is no use requirement prior to registration. It takes approximately 4 months from first filing to secure the registration. The extendable term of a trademark is 7 years calculated from the filing date. For further information please check FAQs menu.
Do I need an establishment in Uganda to file a national trademark application?
If the applicant is neither a citizen of Uganda nor domiciled in Uganda he may file a trademark application only through a local representative/ attorney. An establishment in Uganda is not required.
Is a power of attorney required if I file the trademark application by a local representative?
A non-legalised power of attorney is required.
Do I need a domestic trademark registration to file a national trademark application?
A domestic registration is required.
Is this country a “first to file” or “first to use” jurisdiction?
It is a “first to file” jurisdicton. A trademark registration is mandatory to establish trademark rights.
Is a proof of use required prior to registration?
There is no proof use required prior to registration.
Are multi class applications possible?
Multiclass applications are not possible. A separate application has to be filed for each class.
What is checked by the trade mark office before they register the trademark?
The prosecution process includes a formal and substantial examination. In particular it is examined whether the classification is correct and whether there are any absolute grounds of refusal such as descriptiveness or lacking distinctiveness. The trademark office also checks whether there are any relative grounds of refusal e. g. identical or similar trademark registrations. If there is any absolute or relative ground of refusal the trademark office refuses the registration. The acceptance a valid coexistence agreement between the applicant and cited registrant that can overcome a relative ground of refusal is at the discretion of the trademark authority.
Are Oppositions possible?
A trademark application can be opposed. The opposition must be filed within a 2 month period from the date of publication of the acceptance The opposition can be based on absolute and relative grounds of refusal e.g. prior rights, lacking distinctiveness.
How long does it take from application until registration?
It takes approximately 4 months from first filing to secure the registration.
How long is the term of protection?
A trademark registration is valid for 7 years and starts with the application date. The registration is renewable for periods of 14 years.
Am I required to use my registered trademark?
In case of unexcused non-use for a period of 5 consecutive years calculated from the filing date the trademark is vulnerable for action of unexcused non-use. The action of unexcused non-use can be brought by every concerned party.Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.