What is a Trademark?
A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company from those of other enterprises. A Trademark may consist of any word, symbol, design, slogan, logo, sound, smell, colour, label, name, signature, letter, numeral or any combination of them and should be capable of being represented graphically. The Trademark has to be distinctive, non-descriptive and not likely to cause confusion.The Trademark owner has the exclusive rights to prevent others from using the same or confusingly similar mark.
Why register a Trademark?
What is the procedure for applying for a trade mark?
Step 1: A person who intends to apply for the registration of a trademark shall carry out a search to ascertain whether the trademark exists in the register upon payment of a prescribed fee.
Step 2: A trademark application is then filed upon payment of application fees. The application should contain the mark proposed to be used, the class of goods or services, the name, address and the signature of applicant. If the applicant is a foreign company, a Power of Attorney or Form of Authorization (TM no. 1) to an agent (Advocate of the High Court) will be required.
Step 3: The application is then examined to determine its inherent registrability and conflict with prior existing registrations /applications.
Step 4: If accepted, the application will be advertised in the Uganda Gazette for 60 days.
Step 5: If there is no opposition after the expiration of 60 days of the advertisement, the Registrar shall upon payment of the prescribed fee by the applicant enter the Trademark in the register and issue a Certificate of registration.
A trademark is valid for seven years from the filing date of the application and may be renewed indefinitely for successive ten year periods upon payment of the prescribed renewal fee.
Any person or corporation who is the owner of a mark used, or proposed to be used, by him in Uganda, may make an application for the registration of a mark in this country.
Applications may be made either by the owners of marks or by agents in the names of and on behalf of the owners. The agent must be an Advocate of the High Court.
|Sub category||Amount(Local Applicant) UGX||Amount (Foreign Applicant) USD|
|Search Report Fees||25,000||65|
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