The main benefits of trademark registration in Uganda are legal: registration gives you the exclusive right to use your mark for the goods or services it covers, lets you sue for infringement and seek an injunction and damages, and serves as evidence that the mark is validly yours. Without registration, the Trademarks Act does not allow you to bring an infringement claim at all, leaving only the harder route of a passing off claim.
A brand is often one of the most valuable things a business owns. This guide explains why registering it matters, what registration does and does not do, and how to decide what to protect.
What is a trademark?
A trademark is a sign that distinguishes your goods or services from those of other businesses. It can be a word, a name, a logo, a slogan, a combination of colours or a combination of these elements. In Uganda, trademarks are protected under the Trademarks Act, 2010 (now the Trademarks Act, Cap. 225 in the 2023 revised laws), and registered by the Registrar at the Uganda Registration Services Bureau (URSB).
A trademark is different from a business or company name. Registering your company with URSB, as described in our guide on how to register a company in Uganda, protects the company's name on the companies register, but it does not give you trademark rights in that name or your logo for particular goods and services. Many businesses discover this only when a competitor starts using a similar brand.
Key benefits of trademark registration in Uganda
1. Exclusive right to use the mark
Under the Act, a valid registration gives the owner the exclusive right to use the trademark in relation to the goods or services for which it is registered. You decide who else, if anyone, may use it.
2. The right to sue for infringement
This is the decisive benefit. Section 34 of the Act provides that a person may not bring proceedings to prevent, or to recover damages for, infringement of an unregistered trademark. Registration is therefore what unlocks the statutory remedies, including an injunction to stop the infringing use and a claim for damages.
3. Evidence of ownership
The fact that a person is registered as owner of a trademark is, under the Act, prima facie evidence of the validity of the registration. In a dispute, this shifts the practical burden to the other side, rather than leaving you to prove reputation and goodwill from scratch.
4. Protection against similar marks
Once your mark is on the register, the Registrar considers it when examining later applications, and you can oppose an application for a confusingly similar mark when it is published. This helps stop copycat brands before they become established.
5. Support against counterfeits
The Act makes it an offence to forge or counterfeit a trademark, to sell goods bearing a falsified registered mark, and to import or export goods bearing a false mark. Registration gives you a clear basis for complaints to the police and other authorities.
6. A business asset you can license, sell or borrow against
A registered mark is property. It can be assigned, licensed to distributors or franchisees, valued in a sale of the business and offered as part of the assets that support finance. Investors and buyers usually check whether a brand is registered as part of their due diligence.
What happens if you do not register?
An unregistered brand is not completely unprotected. The Act preserves the common law action of passing off, which can stop another trader from misrepresenting its goods or services as yours. However, passing off is usually harder, slower and more expensive to prove, because you must show:
- that you have goodwill or reputation in the mark among customers;
- that the other trader's conduct amounts to a misrepresentation likely to cause confusion; and
- that you have suffered, or are likely to suffer, damage as a result.
There is also a risk that someone else registers your brand first. Uganda's system is based on registration, so delaying can leave you defending your own brand against a registered owner.
Step-by-step: deciding what to protect
- List your brands. Include business names, product names, logos and key slogans.
- Identify the goods and services. Trademarks are registered for particular classes of goods and services, and each class is treated as a separate application. Cover what you sell now and what you plan to sell soon.
- Check distinctiveness. Descriptive words, such as "Best Rice", are hard to register. Invented or distinctive marks are stronger. URSB offers a request for the Registrar's preliminary advice on distinctiveness.
- Search the register. The Act requires a search before you apply, to check for identical or similar marks.
- File and follow through. Apply, respond to the examination, monitor publication and collect the certificate.
- Use and renew the mark. Keep using it, because a mark that is not used for a continuous period of three years or more can be removed, and diarise renewal dates.
Getting the most from a registered mark
Registration is most valuable when it is managed as part of your brand strategy. A few habits make your rights easier to enforce:
- Use the mark as registered. Consistent use of the registered word or logo makes it easier to prove your rights and resist a removal application for non-use.
- Keep evidence of use. Store dated invoices, packaging, adverts and website captures showing the mark in trade.
- Put licences in writing. If distributors or franchisees use your mark, a written licence sets quality controls and makes clear that the brand remains yours.
- Watch for conflicting applications. Applications are published before registration, which is your chance to oppose a similar mark.
- Record changes. Update the register when the owner's name or address changes, or when the mark is assigned.
When should you register?
Ideally before you launch, or as soon as possible afterwards. Registering before you invest in signage, packaging and marketing reduces the risk of a costly rebrand. If you plan to sell across East Africa or beyond, ask about protection in other countries too, because a Ugandan registration protects your mark in Uganda only.
How Mercio Advocates can help
Intellectual property protection is one of the services offered by our business law practice. We can advise on which marks and classes to protect, run searches, prepare and file applications with URSB, handle oppositions, draft licence agreements and act when your brand is infringed. Call +256 785 390 207, email info@mercio.org or book a consultation about your trademark.
This article provides general information about trademark law in Uganda and is not legal advice. Procedures and fees change and should be confirmed with URSB or our office. For advice on your brand, please contact Mercio Advocates.
