So, how long does a trademark last in Uganda? A registered trademark is protected for an initial period of seven years, and the registration can then be renewed every ten years on payment of the prescribed renewal fee, under section 21 of the Trademarks Act, 2010. As long as you keep renewing it on time and keep using the mark, protection can continue indefinitely.
Missing a renewal, or not using the mark, can cost you your rights. This guide explains the timeline, the renewal process and what to do if a deadline has passed.
How long does a trademark last in Uganda? The statutory periods
The Trademarks Act, 2010 (now the Trademarks Act, Cap. 225 in the 2023 revised laws) sets two periods:
| Period | Length | What happens |
|---|---|---|
| Initial registration | 7 years | Protection from registration; in practice the registration is dated from the filing date of the application. |
| Each renewal | 10 years | The Registrar renews the registration when the owner applies in the prescribed manner and time and pays the fee. |
This means a mark registered today would first need renewing after seven years, and then at ten-year intervals after that. Because the initial term is shorter than the renewal term, owners sometimes miss the first renewal, so diarise it as soon as the certificate is issued.
The duration of protection only begins once you have been through the registration stages. Our guide to the trademark registration process in Uganda explains the search, application, examination and publication steps.
A worked example
Suppose a bakery files an application for its logo on 1 March 2027 and the mark is registered later that year. Applying the periods above:
- the first renewal would fall due seven years from the registration date, which in practice is the filing date: 1 March 2034;
- the next renewals would then follow every ten years: 2044, 2054 and so on;
- if the bakery stopped selling under the logo for three continuous years at any point, a competitor could apply to remove it for non-use, even though it had been renewed.
Exact dates depend on the details on your certificate, so always work from the official record.
The renewal process
Section 22 of the Act requires the Registrar, before the registration expires, to notify the registered owner of the expiry date and of the conditions for renewal, including the fees. However, do not rely on the notice: it is sent to the address on the register, and if that address is out of date, the letter may never reach you.
Step-by-step: renewing a trademark in Uganda
- Check the register. Confirm the registration number, expiry date, owner's name and address for service.
- Update the owner's details if needed. If the owner's name or address has changed, or the mark has been assigned, record the change first so the renewal is in the right name.
- File the renewal request with the Registrar at the Uganda Registration Services Bureau (URSB) within the prescribed period, using the renewal form (TM18) and paying the renewal fee.
- Confirm the renewal. Keep the official confirmation with your registration certificate and diarise the next ten-year date.
What if you miss the renewal deadline?
If the renewal conditions are not met by the expiry date, the Registrar may remove the mark from the register, subject to the conditions for restoration that are prescribed in the regulations. URSB's forms include TM19 for additional fees on late renewal and TM20 for restoring a mark removed for non-payment of the renewal fee. The sooner you act, the better your chances, so contact an advocate as soon as you realise a deadline has passed.
There is also a limited protection after removal. Section 28 of the Act provides that, for one year after a mark is removed for failure to pay the renewal fee, it is still treated as being on the register when the Registrar considers new applications, subject to exceptions. This gives some breathing space, but it is not a substitute for renewing on time.
Use it or risk losing it
Renewal alone does not guarantee protection. Under section 46 of the Act, a person can apply to remove a registered mark from the register on grounds of non-use, including where there has been a continuous period of three years or more during which the mark was registered but not used in good faith in relation to the goods or services concerned. To protect yourself:
- use the mark in trade on the goods or services for which it is registered;
- keep dated evidence of use, such as invoices, packaging, adverts and website pages;
- if you license the mark, make sure the licence is written and that the licensee's use can be shown;
- review your portfolio regularly and file new applications when your brand or product range changes.
Renewals when a business changes hands
Trademarks often change ownership when a business is sold, restructured or moved into a new company. The renewal must be made by, or on behalf of, the person shown on the register as owner. If a mark has been assigned but the assignment has not been recorded, the renewal can be delayed while the register is corrected. Record assignments promptly, and check the register before any deal completes.
Does an unregistered trademark last?
An unregistered brand has no fixed term, because it has no registration. It may still be protected by the action of passing off for as long as the business has goodwill in it, but the Act does not allow infringement proceedings for an unregistered trademark. That is one of the main reasons to register, as explained in our article on the benefits of trademark registration in Uganda.
Practical tips for managing trademark terms
- Keep a register of your marks with numbers, classes, filing dates and renewal dates.
- Set reminders six months and three months before each expiry.
- Keep contact details current with URSB so official notices reach you.
- Review before renewing. Renewal is a good moment to check whether the mark still matches how you trade, and whether new marks or classes are needed.
- Plan for transactions. In a sale, merger or investment, buyers will check that marks are registered, renewed and in the right owner's name.
How Mercio Advocates can help
Our business law team manages trademark portfolios for businesses, including renewals, recordal of changes of ownership and address, restoration of lapsed marks and defence against non-use applications. To check the status of your marks or plan renewals, call +256 785 390 207, email info@mercio.org or book an appointment.
This article provides general information about trademark law in Uganda and is not legal advice. Periods, forms and fees should be confirmed with URSB or our office before you rely on them. For advice on your marks, please contact Mercio Advocates.
