Uganda

General Information

• Capital: Kampala
• Population: 22.8 million
• Area: 241 038 km2
• Languages: English - official language. Swahili, Luganda
• Exports: Coffee; cotton; tea; gold; fish products; corn
• Imports: Machinery and transport equipment; petroleum; foodstuffs; medical supplies; iron and steel
• Currency: Ugandan Shilling

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Nairobi Treaty, member of ARIPO.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Twelve prints and a printing block of the trade mark - device marks.

Classification

International classification of goods (there is no provision for services). A separate application is required for each class.

Procedure

Examination for inherent registrability and for conflict with prior registrations/ pending applications.

Opposition

An opposition may be lodged within sixty days following the date of advertisement of the trade mark application.

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of seven years and, thereafter, renewable for further periods of fourteen years.

Licensing/Registered Users

Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) Registered user agreement;
(b) Statutory declaration and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill.

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

All goods bearing any wording in English should be marked with an indication of origin.

Under customs law, manufactured goods bearing the name, address or trade mark of any manufacturer, dealer or bearing the name of any place in the United Kingdom or any member of the Commonwealth calculated to import to them a special character of British manufacturer - though not of such manufacture – are usually prohibited importation into Uganda.

Imports of condensed milk for human consumption are subject to detailed and specific labelling requirements. Each can (or other receptacle or container) which has a net weight of under 7kg must bear a printed label stating its contents in equivalents of pints of milk, whether skimmed or whole, sweetened or unsweetened and whether unsuitable as a sole food for babies.

All packets, bundles and cartons of cigarettes manufactured outside of East Africa and imported into Uganda must have the following phrase printed thereon: ‘Imported for Uganda’. In the case of packets which have wrappings of cellophane, the phrase must be printed underneath the cellophane.

Patents

General

Patent protection is obtainable by way of a national filing. Uganda is a member of the International Convention, WTO, PCT and ARIPO.

Patentable Subject Matter

An invention is patentable if it is new, involves an inventive step and is industrially applicable.

The following are not patentable:
discoveries and scientific and mathematical theories;
plant or animal varieties or essentially biological processes for the production of plants or animals;
schemes, rules or methods for doing business, performing purely mental acts or playing games;
methods of treatment of the human or animal body by surgery, therapy and diagnostic methods;
mere presentation of information. 

Filing Requirements

Neither legalization nor notarisation of any document is required. A specification in English is needed.

Novelty

An invention is new if it has not been anticipated by prior art. Prior art consists of everything made available to the public anywhere in the world by means of written disclosure, oral disclosure, use, exhibition or other non-written means. A twelve months grace period before the application filing date or priority date is provided for disclosure of the invention by reason or in consequence of acts committed by the applicant or his predecessor in title, or by an abuse committed in relation to the applicant or his predecessor in title.

Examination

The application is subjected to formal Examination. The Registrar my request the applicant to furnish details of corresponding applications in other countries, and may further request that copies of the search report, granted patent, final rejection, etc. be furnished. The Registrar may direct that substantive Examinationbe conducted for particular applications according to the technical field of the invention. In that case, Examination is carried out by the ARIPO examiners or some other designated examining authority.

Duration/Maintenance

A patent has an initial term of fifteen years, but may be extended for a further five year period. Maintenance fees are payable annually as from the first anniversary of the filing date.

Working

At any time after four years from the filing date of an application or three years from the grant of a patent, whichever period last expires, any person may request the court for the grant of a compulsory licence.

Licences/Assignments

In order to be effective against third parties or admissible in Court, Licences and Assignments must be registered.