Uganda

Trade Mark

Forms part of

Yes
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

9th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Uganda is a party the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Uganda follows a single class filing system and recognises both goods and services classes in terms of the 9th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Uganda.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention;

ARIPO (Harare Protocol);

PCT; and

WTO/TRIPS.

Types of Patents

Patents for inventions;

Divisional patents; and

Utility certificates (for inventions that are new and industrially applicable).

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A twelve-month grace period is provided for.

Examination procedure

Patent applications are examined as to compliance with formal requirements.  A national patent application may be subjected to substantive examination (upon request by the Registrar).  An ARIPO patent is examined by the ARIPO Patent Office, prior to entering Uganda.

Duration & Maintenance

A patent has an initial term of 15 years, but may be extended by a further five-year period on payment of renewal fees and proof that the invention is being worked in Uganda.

Maintenance fees are calculated from the first anniversary of the filing date but become payable upon grant of a patent. Thereafter maintenance fees are due upon the anniversary of the filing date. A six months grace period is provided for payment of renewal fees, subject to payment of surcharges. If a renewal fee is not paid within this period, the patent lapses.

Working Requirement

If a patent is not worked, a compulsory licence may be granted due to non-working of the patent.

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Designs may be obtained by way of a UK design registration which automatically extends to Uganda or by way of an ARIPO application designating Uganda.

OAPI

ARIPO