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.
