- July 30, 2023
- Posted by: mirembeadvocates
- Category: Intellectual Property Law
Registering A Trademark
Securing the identity of your brand is a critical step in establishing a strong presence in the market. In Uganda, this process is facilitated by the Uganda Registration Services Bureau (URSB), an integral player in the country’s legal landscape. Registering a trademark involves a series of well-defined steps, each crucial in safeguarding your brand from potential infringement. In this guide, we will delve into the process, shedding light on the pivotal role played by the URSB and other sectors of law in ensuring the protection of your intellectual property. From initial application to the final issuance of the trademark certificate, this article will provide a comprehensive overview of the journey towards trademark registration in Uganda.
A trademark is a distinctive symbol, logo, phrase, word, design, or combination thereof that is used by a company or individual to identify and distinguish their goods or services from those of others in the marketplace.
Procedure For Registering A Trademark In Uganda
Trademarks are registered in Uganda through the Uganda Registration Services Bureau (URSB). The URSB is the government agency responsible for the registration of various intellectual property rights, including trademarks, in Uganda. They oversee the process of trademark registration, ensuring that trademarks meet the necessary legal requirements and providing the necessary documentation for protection. It’s important to go through the URSB for trademark registration to ensure legal recognition and protection of your brand in Uganda.The general procedure is as follows:
Name Search: Before applying for the registration of a trade mark, an applicant should conduct a search to find out whether the trademark is registrable or not and also whether there exists in the records a trademark which could be confused with the intended trade mark.
- Application for registration: A person claiming to be the proprietor of a trade mark, used or proposed to be used by him, and who is desirous of registering it should apply to the Registrar onthe requisite forms accompanied by seven (7) representations of the mark.
- Examination: Once the Application for registration is received, it then proceeds for examination. The mark will undergo three types of examination:
- Formality examination: This involves finding out whether the right documents are filed, whether the forms included are properly filled, and the required fees is appropriately paid.
Search: In the process of registering a trademark,a Search is conducted to ascertain that there is no similar or closely resembling mark is on the register, otherwise the present application can be refused on that ground. If there exists a similar mark from the same applicant ordinarily an association is requested.
Substantive examination: During substantive examination, the mark is examined as to its distinctiveness.
After the examination process when registering a trademark, the URSB will notify either the applicant or their agent about the approval or disapproval. If approved, the mark will move forward to the advertisement stage. In the event of a disapproval, there is the option to appeal the decision or choose to abandon the application.
- Advertisement: Following the acceptance of the application, the next step involves advertisement. The trademark is featured in a media platform such as a newspaper or Journal. This allows any interested party the chance to raise objections to the pending application before registration takes place.
- Opposition Process: If any party has valid grounds for objection, they may oppose the registration of the advertised trademark in a newspaper. This opposition must be filed within 60 days from the publication date, accompanied by a statement of opposition.
- Registration Process: If there are no objections to the trademark within the statutory 60-day period from the date of advertisement, or if any opposition has been resolved in favor of the applicant, the application will be officially registered. The Institute will then issue a Certificate of Registration and record the registration accordingly.
It’s important to note that despite the duration of the process, the mark is considered registered from the date of the application, which is recognized as the official registration date. Once a mark successfully passes the examination stage, it becomes unavailable for subsequent registration by any other entity.
A trademark registration remains valid for a period of ten (10) years starting from the date of application. Approximately six (6) months before the expiry of this ten-year period, the registrar will send a notification to the owner about the impending expiration of the trademark. The owner can then apply for a renewal, extending the registration for another ten (10) years, and this renewal can be continued every ten (10) years thereafter upon payment of the required renewal fee.
Mirembe and Company Advocates stands as a prominent law firm in Uganda, specializing in various legal services, including registering a trademark under intellectual property law. If you’re in need of trademark registration for your brand, please don’t hesitate to reach out to us. We’re here to assist you at +(256) 393 228 836 or email [email protected] We are here to assist you with any questions or concerns you may have about the law.
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