Trademarks in Uganda Service marks Now Registrable

Our News item, dated 9 September 2009 and headed Uganda – the Trademarks Act 2010 announced “Service Marks Coming but not yet; Orders Invited”.

We had to contradict reports that service marks had become registrable. The Act, passed by Parliament and announced in the Official Gazette, had not in fact been published. Therefore, its effective date could not be stated and firm advice on its provisions was not available.

Nevertheless, a principal motive for the new law is the protection of service marks and we predicted that they would soon be receivable by the Registrar of Trademarks. Spoor & Fisher Jersey accordingly invited orders to prepare service mark applications.

Now we are pleased to state that official copies of the Uganda Trademarks Act 2010 have been actually published, so that the full text is known and the date of commencement identified as 3 September 2010.

Without surprise we confirm that service mark applications and registrations are fully provided for. The Registry of Trademarks started receiving such applications on 29 September 2010, including one in the name of Spoor & Fisher and our clients’ applications. The invitation is again extended, to take advantage of this long-awaited opportunity.

A new feature of the Act is that an intending applicant must conduct a search for prior registrations. It is unclear as yet how that requirement will be administered by the Trademarks Office. For now we advise that instructions to apply be accompanied by a search request.

A separate application is necessary for each class of goods/services. The International (Nice) Classification 9th Edition applies.

Instructions and questions arising (including requests for powers of attorney, tariffs and summaries of the new law) will be welcomed by your usual contact person or at uganda@spoor.co.uk.

Date published: 2010/09/30
Author: Spoor & Fisher

Tags: trade marks uganda registrable