HOW TO REGISTER A TRADEMARK / COPYRIGHT / INTELLECTUAL PROPERTY IN UGANDA

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• Intellectual properties
• October 28, 2025

HOW TO REGISTER A TRADEMARK / COPYRIGHT / INTELLECTUAL PROPERTY IN UGANDA

Registering a trademark in Uganda is handled through lawyers. Using a lawyer is mandatory for foreign applicants to act as your official agent.

A trademark is means a sign or mark or combination of signs or marks capable of being represented graphically and capable of distinguishing goods or services of one undertaking from those of another undertaking.
The trademark should not be misleading for it to be registered in Uganda.
A trademark may consist of any word, symbol, design, slogan, logo, colour, label, name, signature, letter, numeral or any combination of them and should be capable of being represented graphically.

Once a trademark is registered it takes a period of seven years to expire and upon expiry, it is renewed for every ten years on application by a registered user/owner.

Here is the step-by-step procedure for registering a trademark in Uganda using a lawyer:

Procedure Steps for Trademark Registration in Uganda

Step 1: Pre-Filing Search and Preliminary Advice

1. Instruction and Documentation: You engage a lawyer and provide them with the trademark (word, logo, or both), the class of goods/services you wish to register it under (based on the International Nice Classification), and your full contact details like email, telephone number, passport copy etc.
2. Trademark Search (Mandatory): The lawyer will file a request with the Registrar of Trademarks to conduct a formal search to ascertain if the mark, or any confusingly similar mark, already exists in the register.
3. Advice from the Registrar (Optional but Recommended): Your lawyer may also seek preliminary advice from the Registrar on the inherent distinctiveness or registrability of the proposed trademark.
4. Lawyer’s Advice: Based on the search results, your lawyer advises you on the likelihood of the mark being accepted and any necessary modifications.

Step 2: Filing the Application

1. Prepare Documents: The lawyer prepares the necessary documents, including:
   • Form TM 2: The application for registration of a trademark.
   • Representation of the Mark: A clear copy of the trademark.
   • Power of Attorney/Form of Authorization (TM No. 1): A document signed by you authorizing the advocate to act as your agent.
   • Applicant Details: Name, address, and nationality.
   • Class & Description: The specific class(es) and list of goods/services.
2. Payment and Filing: The lawyer files the completed application form and all supporting documents, paying the requisite official application fees and compulsory taxes.

Step 3: Formal and Substantive Examination

1. Examination: The Registrar examines the application to determine:
   • If all formal requirements have been met.
   • If the mark is inherently registrable (e.g., distinctive, not deceptive, not contrary to law/morality).
   • If the mark conflicts with any prior existing registrations or pending applications.
2. Official Action:
   • Acceptance: If the Registrar is satisfied, the application is provisionally accepted.
   • Objection: If there are issues (e.g., lack of distinctiveness or similarity to another mark), the Registrar issues an official objection. Your lawyer will then prepare and file a formal response (legal arguments or amendments to the mark/goods) to overcome the objection.

Step 4: Publication in the Official Gazette (this procedure may soon to be removed in the compulsory steps)

1. Advertisement: Once the application is accepted, the Registrar orders the application to be advertised in the Uganda Official Gazette.
2. Opposition Period: The mark remains advertised for a period of 60 days. This is an open window for any third party who believes the mark infringes upon their rights to file a formal opposition.

Step 5: Opposition and Resolution (If Applicable)

1. No Opposition: If no one files an opposition within the 60 days, the process moves directly to registration.
2. Opposition Filed: If a third party files an opposition, the lawyer will:
   • Receive the Notice of Opposition on your behalf.
   • File a Counter-Statement to defend your application.
   • Handle the exchange of evidence and subsequent Hearing before the Registrar, who will make a final decision on whether the mark should be registered.

Step 6: Final Registration and Certificate

1. Final Fees: If there is no opposition, or if an opposition is successfully defended, the lawyer pays the prescribed final registration fee.
2. Issuance of Certificate: The government enters the trademark into the official register and issues the Certificate of Registration to your lawyer.
3. Delivery: Your lawyer delivers the certificate to you.

Key Role of the Lawyer

• Agent of Record: For foreign applicants, the lawyer is legally required to act as the agent.
• Expert Advice: They determine the correct class(es), advise on the mark’s distinctiveness, and handle all communications with the government.
• Objection Handling: They draft the legal arguments needed to overcome official objections raised during the examination phase.
• Opposition Defense: They are crucial in defending your application against any third-party opposition proceedings.

For personalized legal assistance and guidance, contact Arnold at arnour08@gmail.com or +256 700 906554 / +256709669443(WhatsApp)