Uganda – New Trade Mark Regulations
A new set of trade mark regulations, “Trademark Regulations No. 85 of 2023”, came into force in Uganda on 2 February 2024. These regulations are a consolidation of the old Trademark Regulations No. 58 of 2012 and their 2021 amendment.
The most significant change that was introduced in the new regulations was the requirement that trade marks and notices be published in the Uganda Gazette, as was the case pre-2021. The 2021 amendment to the regulations had given applicants the option to choose between publication in the Uganda Gazette or in an electronic journal managed by the Uganda Registration Services Bureau (URSB), the latter of which had allowed a standardised cost as well as easy access to the publication on the USRB’s website. The latest amendment, requiring publication only in the Gazette, has removed these benefits.
In addition, all trade marks which were previously published in the URSB’s electronic journal must be republished in a supplement of the Uganda Gazette by 2 May 2024. This republication will be funded and organised by the URSB and the UPPC (the corporation which handles the Gazette publications), and no action is required by trade mark applicants in this regard.
Our local associates have been liaising with the UPPC and the Minister responsible for trade marks in Uganda, to ask that the UPPC commits to a standard fee for publications moving forwards, regardless of the length of the specification of goods or services. They have also sought clarity on the consequences of republication of the marks that have already been registered or for which their 60-day opposition period has expired, and they have emphasised that the republication should not restart any finalised matters. As a result of these discussions, the UPPC was able to commit to charging a set fee for publications, regardless of the trade mark specification, and this update came into effect on 15 March 2024. However, our associates are yet to receive a resolution on the republication or its consequences as they relate to trade mark protection in Uganda. A further update will be posted on our website once this has been resolved, but should you wish to discuss the matter with one of our qualified Trade Mark Attorneys, please refer to our author link, below.
