Uganda Intellectual Property Law

While neither the Act nor the Rules specifically refer to classification, the International Classification of Goods and Services (Nice Classification) is applied. The goods (which correspond with the class headings of the Nice Classification) are set out in a schedule to the Rules. A single application may cover only one class.

An application is examined as to formal and substantive requirements. If the application is accepted either with or without conditions, the application is published in the Gazette. If no opposition is filed within a period of 60 days, the registration certificate will be issued.

The Registry conducts compulsory official trade mark searches at the time of filing.

The Act makes provision for opposition within 60 days from publication of the acceptance. The opposition must be made in writing in the prescribed manner and set out the grounds of opposition.

The copy of the opposition must be sent to the applicant, who must respond by lodging a counter-statement in the prescribed manner, setting out the grounds on which he relies for his application. If he does not send a counter-statement, he will be deemed to have abandoned his application. The Rules make provision for further evidence to be lodged.

After all evidence has been lodged, the Registrar will hear argument from both parties and thereafter make a decision as to whether registration will be permitted. Any party may appeal to the court against this decision.

A trade mark registration is effective for an initial period of seven years from the filing date of the application and is thereafter renewable for consecutive periods of 10 years. Renewal must take place within the three months before, or within one month after, expiry of the preceding term. If the renewal fee is not paid within a month after expiry, the mark will be removed from the register. It may, however, be restored upon application in the prescribed form and upon payment of a renewal and restoration fee.