Uganda’s new trade mark regulations, Trademark Regulations, No. 85 of 2023, came into effect on 2 February 2024. The new regulations supersede both:

  1. The Trademark Regulations, No.58 of 2012; and
  2. The amendments introduced by the Trademark (Amendment) Regulations, No.9 of 2021.

The most notable change involves the publication of trade marks. Whilst trade marks were previously published by the Uganda Printing and Publishing Corporation (UPPC), more recently, an electronic journal managed by the Uganda Registration Services Bureau (URSB) was available. This had been a welcome development as it standardised the cost of publication and enabled advertisements to be accessed via the URSB’s website.

Following the issuance of the new Regulations, the following changes and developments are noted:

The publication of applications and notices

The publication of trade mark applications and notices must, once again, appear in the Uganda Gazette, printed by the UPPC – there will be no further publication of applications and notices in the electronic URSB Intellectual Property Journal.

The re-publication of trade marks

All trade marks previously published in the electronic URSB Intellectual Property Journal must be re-published in a special supplement of the Uganda Gazette by 2 May 2024. This re-publication will be organised and funded by the URSB and UPPC and no action is required by applicants.

Concerns have been raised that this republication should not re-open any finalised matters, such as the 60-day opposition period. The advice of the Attorney General is being sought on this point.

Conclusion

The 2023 Regulations are a welcome development, but the concerns discussed above do need to be addressed. We are monitoring the situation closely and will advise further as soon as there is news

 

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