STATUTORY INSTRUMENTS
SUPPLEMENT No. 27 4th September, 2012
STATUTORY INSTRUMENTS SUPPLEMENT
to The Uganda Gazette No. 49 Volume CV dated 4th September, 2012
Printed by UPPC, Entebbe, by Order of the Government.
S T A T U T O R Y I N S T R U M E N T S
2012 No. 58.
THE TRADEMARKS REGULATIONS, 2012.
ARRANGEMENT OF REGULATIONS.
Regulation
1. Citation.
2. Interpretation.
PART I—PRELIMINARY.
PART II—FEES, FORMS, DOCUMENTS, ADDRESS, AGENTS AND CLASSIFICATION OF GOODS.
3. Fees.
4. Forms.
5. Size of documents.
6. Signature of documents by partnerships, companies and associations.
7. Service of documents.
8. Address.
9. Address for service.
10. Agents.
11. Register of agents.
12. Classification of goods and services.
PART III—UNREGISTRABLE TRADEMARKS.
13. Unregistrable trademarks.
14. Name or representation of a person on a trademark.
15. Name or description of goods or services on a trademark.
16. Preliminary advice by registrar as to distinctiveness.
1989
Regulation
PART IV—APPLICATION FOR REGISTRATION OF A TRADEMARK.
17. Application for registration of trademark.
18. Representation of mark.
19. Specimens of trademarks in exceptional cases.
20. Separate applications.
21. Series of trademarks.
22. Transliteration and translation of languages.
Procedure on receipt of application for registration of trademark
23. Search by registrar.
24. Decision of registrar.
Publication of application
25. Publication of application.
26. Publication of series of trademarks.
27. Publication on advertisement under sections 12 and 91 of the Act.
Opposition to registration
28. Opposition.
29. Notice of opposition.
30. Counterstatement.
31. Evidence in support of opposition.
32. Evidence in support of application.
33. Evidence in reply by opponent.
34. Further evidence.
35. Exhibits.
36. Hearing.
37. Extension of time.
38. Security for costs.
39. Costs in uncontested case.
Non completion
40. Non completion within twelve months.
Defensive trademarks
41. Application for registration of defensive trademark.
Certification trademarks
42. Application for registration of certification mark.
1990
Regulation
43. Entry in register.
44. Associated marks.
Entry in the register
45. Death of applicant before registration.
46. Certificate of registration.
Renewal
47. Renewal of registration.
48. Notice before approval of trademark from register.
49. Second notice.
50. Publication of nonpayment.
51. Removal of trademark from register.
52. Record of removal of mark.
53. Notice and publication of renewal and restoration.
PART V—ASSIGNMENTS AND TRANSMISSIONS.
54. Joint application for entry of assignment or transmission.
55. Application for entry of assignment or transmission by subsequent proprietor.
56. Particulars to be stated in application.
57. Case accompanying application.
58. Proof of title.
59. Application for entry of assignment without goodwill.
60. Entry in register on assignment or transmission.
61. Separate registrations.
62. Certificate or approval as to certain assignments and transmissions.
63. Registrar’s directions for publication of assignment without goodwill of trademark in use.
PART VI—PERMITTED USERS.
64. Application for entry of permitted user.
65. Entry and notification.
66. Registered proprietor’s application to vary entry.
67. Application by registered proprietor or user to cancel entry.
68. Application under section 50 (1) ( c) of the Act to cancel entry.
69. Notification and hearing.
70. Registered user’s application under section 90 (2) of the Act
1991
Regulation
PART VII—ALTERATIONS AND RECTIFICATION OF ENTRIES IN REGISTER
71. Alteration of address in register.
72. Application by third parties.
73. Intervention by third parties.
74. Application for correction of register under section 90(1) of the Act.
75 Publication of certain applications.
76. Certificates of validity to be noted.
77. Alteration of registered mark.
78. Rectification of certification of certification trademark entries by the court.
79. Alteration of certification trademark regulations.
PART VIII—MISCELLANEOUS.
80. Extension of time.
81. Exercise of discretionary power by registrar: hearing.
82. Exercise of discretionary power by registrar: dispensing with evidence.
83. Amendment of documents and correction of procedural irregularities.
84. Certificates by registrar.
85. Marks registered without limitation of colour.
86. Certificates for use in obtaining registration abroad.
87. Person before whom declaration is to be taken.
88. Notice of seal or signature of officer taking declaration to prove itself.
89. Searches.
90. Appeals to the court.
91. Applications to court.
92. Order of the court.
93. Revocation of S.I.217-1 and S.I. No. 58 of 2005.
SCHEDULES
First Schedule - Fees
Second Schedule - Forms
Third Schedule - Classification of Goods and Services
1992
S T A T U T O R Y I N S T R U M E N T S
2012 No. 58.
The Trademarks Regulations, 2012.
(Under section 97 of the Trademarks Act,2010 Act No. 17 of 2010)
IN EXERCISE of the powers conferred on the Minister responsible for Justice by section 97 of the Trademarks Act, 2010, these Regulations are made this 3rd day of October, 2011.
PART I—PRELIMINARY.
1. Citation.
These Regulations may be cited as the Trademarks Regulations, 2012.
2. Interpretation.
In these Regulations, unless the context otherwise requires—
“Act” means the Trademarks Act, 2010;
“agent” means an advocate of the High Court of Uganda; “office” means the office of the registrar of trademarks; “Minister” means the Minister responsible for justice;
“specification” means the designation of goods or services in respect of which a trademark, or a registered user of a trademark, is registered or proposed to be registered;
“registered user” has the same meaning as ‘permitted user’. PART II—FEES, FORMS, DOCUMENTS, ADDRESS, AGENTS AND
CLASSIFICATION OF GOODS.
3. Fees.
The fees to be paid in relation to trademarks shall be the fees specified
in the First Schedule to these Regulations.
1993
4. Forms.
The forms contained in the Second Schedule to these Regulations shall
be used in all cases to which they are applicable, but may be modified or amended to the extent necessary in the circumstances of a particular case.
5. Size of documents.
Subject to any directions that may be given by the registrar, any
application, notice, counterstatement, paper having representations affixed, or other document authorised or required by the Act or these Regulations to be made, left or sent to the registrar or to the court shall be on foolscap paper of a size approximately thirteen inches by eight inches, and shall have on the left-hand part of the document a margin of not less than one and one-half inches.
6. Signature of documents by partnerships, companies and associations.
(1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners or by any qualified partner stating that he or she signs on behalf of the partnership, or by any other person who satisfies the registrar that he or she is authorised to sign the document.
(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the registrar that he or she is authorised to sign the document.
(3) A document purporting to be signed for or on behalf of an association of persons may be signed by any person who is duly authorised for the purpose.
7. Service of documents.
(1) An application, notice, statement, paper having representations
affixed or other document authorised or required by the Act or these Regulations to be made, left or sent to the office of the registrar or the court or any other person may be sent through the post by a prepaid or official paid letter.
1994
(2) An application or document sent shall be taken to have been made, left or sent at the time when the letter containing it would be delivered in the ordinary course of post.
(3) In proving that an application or document was sent, it shall be sufficient to prove that the letter was properly addressed and put into the post.
8. Address.
(1) Where a person is required by the Act or these Regulations to
furnish the registrar with an address, the address given shall in all cases be a full address, for the purpose of enabling any person to find easily the place of trade or business of the person whose address is given.
(2) The address shall include the name of the street and the plot number.
9. Address for service.
(1) The registrar shall require an applicant, opponent or agent, or a
registered proprietor or registered user of a trademark, who does not reside or carry on business within Uganda to give an address for service within Uganda, and that address shall be treated as the actual address of that person for all purposes connected with the matter in question.
(2) A registered proprietor or permitted user of a trademark, or any person who intends to be registered as such, shall give an address for service for entry in the register in Form TM 32, and that address shall be entered by the registrar.
(3) An application in Form TM 32 under this regulation shall be signed by the applicant or the registered proprietor or permitted user, as the case may be, or by an agent expressly authorised by the applicant for the purpose of the application, unless in exceptional circumstances the registrar otherwise allows.
(4) In any case in which no address for service is entered in the register, the registrar shall treat the trade or business address of the registered proprietor or registered user as entered there as the address for service for all purposes connected with the registration.
1995
(5) A written communication addressed to an applicant or a registered proprietor or registered user at an address given by him or her, or treated by the registrar, as his or her address for service shall be deemed to be properly addressed.
(6) Where, at any time, the registrar doubts the continued availability of an address for service entered in the register, the registrar shall request the person for whom it is entered, by letter addressed to his or her trade or business address in the register to confirm the address for service.
(7) If within three months after making the request under sub regulation (6) the registrar receives no confirmation of the address, the registrar shall strike the application off the register.
10. Agents.
(1) Except as otherwise required by these Regulations—
(a) an application, request or notice which is required or permitted by the Act or these Regulations to be made or given to the registrar or the court;
(b) all other communications between an applicant or a person making the request or giving the notice and the registrar, or the court;
(c) all communications between the registered proprietor or a registered user of a trademark and the registrar or the court or any other persons,
may be signed, made or given by or through an agent.
(2) An applicant, a person making a request or giving a notice, a proprietor, or registered user may appoint an agent to act for him or her in any proceeding or matter before or affecting the registrar or the court under the Act and these Regulations by signing and sending to the registrar or the court as the case may be an authority to that effect in Form TM 1 or in such other written form as the registrar or the court may consider sufficient.
1996
(3) In the case of appointment of an agent, service upon the agent of any document relating to the proceeding or matter shall be taken to be service upon the person appointing the agent and all communications directed to be made to that person in respect of the proceeding or matter may be addressed to his or her agent, and all attendances upon the registrar relating to the proceeding or matter may be made by or through the agent.
(4) In any particular case the registrar may require the personal signature or presence of an applicant, opponent, proprietor, registered user or other person.
11. Register of agents.
The registrar shall keep a register of trademark agents in Uganda.
12. Classification of goods and services.
(1) For the purposes of trade mark registration and the registration of
trademark users made under the Act, goods and services are classified in accordance with the Third Schedule to these Regulations.
(2) For the purposes of classifying goods and services in accordance with the Third Schedule and of interpreting that Schedule, reference shall be had to the 9th Edition of the International Classification of Goods and Services for the purposes of the registration of marks under the Nice Agreement of 15 June 1957 (as revised) published by the World Intellectual Property Organisation in 1992, including the explanatory notes and lists of goods and services published therein.
(3) Where the 9th Edition of the International Classification of Goods and Services, is amended by the World Intellectual Property Organisation at any future stage, the Minister, on the advice of the Registrar, shall publish the amendments in the Gazette and shall, to the extent that the amendments necessitate an amendment of the Third Schedule, amend the Third Schedule and publish the amendment in the Gazette.
(4) If any doubt arises as to the class in which any particular description of goods or services belongs, the matter shall be determined by the registrar.
1997
PART III—UNREGISTRABLE TRADEMARKS.
13. Unregistrable trademarks.
(1) Subject to any other law, the registrar may refuse to accept any
application upon which any of the following appear—
(a) the words “patent”, “patented”, “by letters patent”, “registered”, “registered trade mark”, “registered design”, “copyright”, “certified”, “guaranteed”, “to counterfeit this is a forgery” or words to like effect;
(b) the words “Red Cross” or “Geneva Cross” and representations of the Geneva and other crosses in red, or of the Swiss federal cross in white on a red ground or silver on a red ground, or such representations in a similar colour or colours;
(c) representations of the armorial ensigns of Uganda or any device so nearly resembling them as to be likely to lead to mistake, or of the national flag, or any words, letters, or devices likely to lead persons to think that the applicant has Government patronage or authorization; and
(d) a representation of armorial bearings, insignia, a decoration or a flag of any state, administration, city, town, place, society, body corporate, institution or person.
(2) Where there appears in an application a representation of a cross in any colour, not being one of those mentioned in sub regulation (1)(b), the registrar may require the applicant as a condition of acceptance to undertake not to use the cross device on red, or in white on a red ground or silver on a red ground, or in any similar colour or colours.
(3) Where a representation of arms, insignia, a decoration or a flag appears on a mark, the Registrar may call for such justification, including such consent as he or she may consider necessary as the circumstances of the case may require.
1998
14. Name or representation of a person on a trademark.
Where the name or representation of a person appears as a trademark,
the registrar shall, if he or she requires, before proceeding to register the mark, be furnished with consent from that person or, in the case of a person recently dead, from his or her legal representatives, and in default of that consent the registrar may refuse to register that mark.
15. Name or description of goods or services on a trademark.
(1) Where the name or description of any goods or services appears
on a trademark, the registrar may refuse to register the mark in respect of any goods or services other than the goods or services so named or described.
(2) Where the name or description of any goods or services appears on a trademark, which name or description in use varies, the registrar may permit the registration of the mark for those and other goods or services and in that case the applicant shall state in his or her application that the name or description will be varied when the mark is used upon goods or services covered by the specification other than the named or described goods or services.
16. Preliminary advice by registrar as to distinctiveness.
(1) A person who proposes to apply to register a trademark in Part A or Part B of the register in respect of any goods or services, may apply to the registrar in Form TM 28.
(2) Where a person makes an application for advice as to whether the trademark appears to the registrar prima facie, to be inherently adapted to distinguish within the meaning of section 9 of the Act, or inherently capable of distinguishing within the meaning of section 10 of the Act, as the case may be, in relation to those goods or services, the application shall be in Form TM 28; and shall be accompanied by duplicate representations.
(3) A person shall make a separate application in relation to goods or services comprised within different classes of goods specified in the Third Schedule to these Regulations.
1999
PART IV—APPLICATION FOR REGISTRATION OF A TRADEMARK.
17. Application for registration of a trademark.
(1) An application to the registrar for the registration of a trademark shall be signed by the applicant or his or her agent.
(2) The application for registration of a trademark shall be made in
Form TM 2.
(3) In the case of an application for registration in respect of all the goods or services included in a class, or of a large variety of goods or services, the registrar may reject the application unless he or she is satisfied that the specification is justified by the use of the mark which the applicant has made, or intends to make if it is registered.
18. Representation of mark.
(1) Every application for the registration of a trademark shall contain a representation of the mark suitable for reproduction, affixed in the space provided on the application form for that purpose.
(2) Where the representation exceeds that space in size, the representation shall be mounted upon linen, tracing cloth or such other material as the registrar may consider suitable and part of the mounting shall be affixed in the space provided on the application form for that purpose and the rest may be folded.
(3) The applicant shall submit with every application for registration of a trademark at least four additional representations of the mark in Form TM 3 exactly corresponding to that affixed to the application form and noted with all such particulars as may from time to time be required by the registrar and the particulars shall, if required, be signed by the applicant or his or her agent.
(4) All representations of a mark shall be of a durable nature, but the applicant may in case of need, supply in place of representations in Form TM 3, representations on sheets of strong paper of the size prescribed in regulations.
2000
(5) The registrar, if dissatisfied with any representation of a mark, may, at any time, require another representation satisfactory to him or her to be submitted before proceeding with the application.
19. Specimens of trademarks in exceptional cases.
(1) Where a drawing or other representation or specimen cannot be given in the manner prescribed in regulation 18, a specimen or copy of the trademark may be sent either of full size or on a reduced scale, and in such form as the registrar may think most convenient.
(2) The registrar may, in exceptional cases, deposit in the office a specimen or copy of any trademark which cannot conveniently be shown by a representation, and may refer to the specimen or copy in the register in such manner as he or she may think fit.
20. Separate applications.
An application for the registration of the same mark in different classes shall be treated as a separate and distinct application, and in all cases where a trademark is registered under the same official number for goods or services in more than one class, the registration in respect of the goods or services included in each separate class shall be taken to be a separate registration for all the purposes of the Act.
21. Series of trademarks.
Where an application is made for the registration of a series of trademarks under section 30(1) of the Act, a representation of each trademark of the series shall be included in the application form in the manner prescribed in regulation 18, in duplicate, if any, and in each of the accompanying Form TM 3.
22. Transliteration and translation of languages.
(1) Where a trademark or application contains a word or words in characters other than Roman, there shall, unless the registrar otherwise directs, be indorsed on the application form, and on each of the accompanying Form TM 3, a sufficient transliteration and translation to the satisfaction of the registrar of each of the words, and every such endorsement shall state the language to which the word belongs and shall be signed by the applicant or his or her agent.
2001
(2) Where a trademark contains a word or words in a language other than English, the registrar may ask for an exact translation of the word or words together with the name of the language, and the translation and name, if the registrar so requires, shall be endorsed and signed as specified in sub regulation (1).
Procedure on receipt of application for registration of a trademark
23. Search by registrar.
(1) Upon receipt of an application for the registration of a trademark in respect of any goods or services, the registrar shall cause a search to be made, among the registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or services or description of goods or services, any marks identical to the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion.
(2) The registrar may cause the search under sub regulation (1) to be renewed at any time before the acceptance of the application.
(3) After a search and upon consideration of the application and any evidence of use or distinctiveness or of any other matter which the applicant may be required to furnish, the registrar may—
(a) accept the application absolutely; (b) object to the application;
(c) accept the application subject to such conditions, amendments, disclaimer, modifications or limitations as he or she may think right to impose.
(4) If the registrar objects to the application, the registrar shall inform the applicant of the objections in writing, and unless within one month the applicant applies for a hearing or makes a considered reply in writing to those objections, the applicant shall be deemed to have withdrawn the application.
2002
(5) If the registrar accepts the application subject to any conditions, amendments, disclaimer, modifications or limitations, the registrar shall communicate the acceptable to the applicant in writing.
(6) If the applicant objects to the conditions, amendments, disclaimer, modifications or limitations communicated to him or her under subregulation (5) the applicant shall within one month from the date of the communication apply for a hearing or communicate his or her considered objections in writing; if the applicant does not do so, he or she shall be taken to have withdrawn the application.
(7) If the applicant does not object to the conditions, amendments, disclaimer, modifications or limitations, he or she shall immediately notify the registrar in writing, and alter the application accordingly.
24. Decision of registrar.
(1) The decision of the registrar at a hearing or without a hearing if the applicant has duly communicated his or her considered objections or considered reply in writing, and has stated that he or she does not desire to be heard, shall be communicated to the applicant in writing.
(2) If the applicant objects to the decision of the registrar under sub regulation (1), the applicant may within one month from the date of the registrar’s decision apply in Form TM 4, requiring the registrar to state in writing the grounds of, and the materials used by the registrar in arriving at the decision.
(3) In a case where the registrar makes any requirements to which the applicant does not object, the applicant shall comply with the requirements before the registrar issues the statement in writing.
(4) The date when the statement is sent to the applicant shall be taken to be the date of the registrar’s decision for the purposes of appeal.
(5) The registrar may call on an applicant to insert in an application such disclaimer as the registrar may think fit, in order that the public generally may understand what the applicant’s rights, shall be if the mark is registered.
2003
Publication of application
25. Publication of application.
(1) An application for the registration of a trademark required or permitted by section 11(1) and (2) of the Act shall be published in the Gazette or in any other media as the registrar may direct during such times and in such manner as the registrar may direct.
(2) In the case of an application with which the registrar proceeds only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trademark or another applicant, the words "By consent" shall appear in the publication.
(3) If no representation of the trademark is included in the publication of the application, the registrar shall refer in the publication to the place where a specimen or representation of the trademark is deposited for exhibition.
26. Publication of series of trade marks.
Where an application relates to a series of trademarks differing from one another in respect of the particulars mentioned in section 30(1) of the Act, the registrar may, if he or she thinks fit, insert with the advertisement of the application a statement of the manner in which the several trademarks differ from one another.
27. Publications and advertisements under sections 12 and 91 of the Act.
Publications and advertisements under sections 12(11) and 91(2) and (3) of the Act shall, with the necessary modifications, be made in the same manner as advertisements relating to an application for registration.
Opposition to registration
28. Opposition.
A person may, within sixty days from the date of any advertisement in the Gazette of an application for registration of a trademark, give notice in Form TM 6 to the registrar opposing the registration.
2004
29. Notice of opposition.
(1) The notice shall include a statement of the grounds upon which the opponent objects to the registration.
(2) If registration is opposed on the ground that the mark resembles marks already on the register, the numbers of those trademarks and the numbers of the Gazette in which they have been advertised shall be set out.
(3) The notice shall be accompanied by a duplicate and the registrar shall immediately send the duplicate to the applicant.
30. Counterstatement.
(1) Within fortytwo days from the receipt of the duplicate, the applicant shall send a duplicate to the registrar a counterstatement in Form TM 7 setting out the grounds on which the applicant relies as supporting the application for registration of a trademark.
(2) The applicant shall also set out what facts, if any, alleged in the notice of opposition he or she admits.
(3) The counterstatement shall be accompanied by a copy of the duplicate.
31. Evidence in support of opposition.
Upon receipt of the counterstatement and duplicate the registrar shall immediately send the duplicate to the opponent and within forty-two days from the receipt of the duplicate, the opponent shall leave with the registrar such evidence by way of statutory declaration as the registrar may desire to adduce in support of the opposition and shall deliver to the applicant copies of the statutory declaration.
32. Evidence in support of application.
If an opponent leaves no evidence, the opponent shall, unless the registrar otherwise directs, be taken to have abandoned the opposition; and if the opponent does leave evidence, then, within forty-two days from the receipt of the copies of declarations, the applicant shall leave with the registrar such evidence by way of statutory declaration as the applicant desires to adduce in support of the application and shall deliver to the opponent copies of the statutory declaration.
2005
33. Evidence in reply by opponent.
Within one month from the receipt by the opponent of the copies of the applicant’s declaration, the opponent may leave with the registrar evidence by statutory declaration in reply, and shall deliver to the applicant copies of the statutory declaration and that evidence shall be confined to matters strictly in reply.
34. Further evidence.
No further evidence shall be filed on either side but, in any proceedings before the registrar, the registrar may at any time, if he or she thinks fit give leave to either the applicant or the opponent to file any evidence upon such terms as to costs or otherwise as the registrar may think fit.
35. Exhibits.
(1) Where there are exhibits to declarations filed in an opposition, copies or impressions of the exhibits shall be sent to the other party on that party’s request and expense, or, if the copies or impressions cannot conveniently be furnished, the originals shall be left with the registrar in order that they may be open to inspection.
(2) The original exhibits shall be produced at the hearing unless the registrar otherwise directs.
36. Hearing.
(1) Upon completion of the evidence the registrar shall give notice to the parties of a date when the registrar will hear the arguments in the case; and that date shall be at least fourteen days after the date of the notice, unless the parties consent to a shorter notice.
(2) Within seven days from the receipt of the notice any party who intends to appear shall notify the registrar in Form TM 8.
(3) A party who receives the notice under sub regulation (1) and who does not, within seven days from receipt of the notice, notify the registrar in Form TM 8, may be treated as not desiring to be heard and the registrar may act accordingly.
2006
37. Extension of time.
Where in opposition proceedings, any extension of time is granted to any party, the registrar may if he or she thinks fit, without giving that party a hearing, grant any reasonable extension of time to any party in which to take any subsequent step.
38. Security for costs.
Where a party giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of the notice, neither resides nor carries on business in Uganda, the registrar may require him or her to give security, in such form as the registrar may deem sufficient, for the costs of the proceedings before the registrar, for such amount as the registrar thinks fit, and at any stage in the opposition proceedings, may require further security to be given at any time before giving his or her decision in the case.
39. Costs in uncontested case.
Where an opposition is uncontested by the applicant, the registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.
Non completion
40. Non completion within twelve months.
(1) Where registration of a trademark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the registrar shall give notice in writing to the applicant at the applicant’s trade or business address of the non- completion.
(2) Where the applicant has authorised an agent for the purpose of the application, the registrar shall instead send the notice to the agent and shall send a duplicate of the notice to the applicant.
2007
(3) If after fourteen days from the date when the notice was sent, or such further time as the registrar may allow, the registration is not completed, the application shall be taken to be abandoned.
Defensive trademarks
41. Application for registration of defensive trademark.
(1) An application for the registration of a defensive trademark under section 44 of the Act shall be made, addressed and sent to the registrar in Form TM 31, and shall be accompanied by a statement of case setting out particulars of the facts on which the applicant relies in support of the application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the registrar.
(2) The applicant may send with the declaration, or subsequently, such other evidence as the applicant may desire to furnish, whether after request made by the registrar or otherwise, and the registrar shall consider the whole of the evidence before the decision on the application.
(3) In all other respects, and where they are appropriate, it is not otherwise stated, these Regulations shall apply to applications for the registration of a defensive trademark as they apply to applications for the registration of ordinary trademarks.
Certification marks
42. Application for registration of certification mark.
(1) An application for the registration of a certification mark under section 13 of the Act shall be made to the registrar in Form TM 5, in and shall be accompanied by two duplicates of the application in copies of Form TM 5, and by six additional representations of the trademark in Form TM 3.
(2) The applicant shall send to the registrar with the application or when required by the registrar, a case setting out the grounds on which the applicant relies in support of the application together with draft regulations for governing the use of the mark and Form TM 33, all being duplicate.
2008
(3) The registrar may communicate to the applicant any observation the registrar may have to make on the sufficiency of the case or the suitability of the draft regulations, and the applicant may modify either of those documents.
(4) If the registrar decides to accept the application, the regulations for governing the use of the mark approved by the registrar, as well as the form of application, shall be open to public inspection.
(5) If the registrar decides to refuse to accept the regulations or to accept the regulations subject to conditions, limitations, amendments or modifications, the registrar shall inform the applicant of his or her objections in writing and shall, if required, hear the applicant.
(6) A person may, within sixty days from the date of any publication in the Gazette of an application for the registration of a certification mark, give notice to the registrar in Form TM 36 of opposition under section 12 of the Act, and regulations 29 to 39 shall apply with the necessary modifications in the proceedings on it with the substitution of Form TM 37 for Form TM 7 and Form TM 38 for Form TM 8 and in the case of doubt a party may apply to the registrar for directions.
(7) These Regulations shall apply to applications for registration of certification marks as they apply to applications for the registration of trademarks, except that the applicant shall not be deemed to have abandoned his or her application if in the circumstances of regulation 23 (2) and (3), the applicant does not apply for a hearing or reply in writing.
Entry in the register
43. Entry in register.
(1) As soon as possible after the expiration of sixty days from the date of the advertisement in the Gazette of any application for the registration of a trademark, the registrar shall, subject to any opposition and the determination of the opposition, and subject to section 16(1) and (2) of the Act, and upon payment of the prescribed fee, enter the trademark in the register.
2009
(2) The entry of a trademark in the register shall give— (a) the date of registration;
(b) the goods or services in respect of which it is registered together with the particulars of trade, business, profession, occupation or other description of the proprietor;
(c) particulars of any undertakings of the proprietor entered on the form of application;
(d) particulars affecting the scope of the registration or the rights conferred by the registration; and
(e) such other particulars as may be prescribed.
(3) In the case of an application for registration of a trademark which the registrar accepts only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trademark or another applicant for registration, the entry in the register shall state that it is “By Consent” and shall give the number of the previous registration or the application for registration.
44. Associated marks.
(1) Where a mark is registered as associated with any other mark or marks, the registrar shall note in the register in connection with the first- mentioned mark the numbers of the marks with which it is associated and shall also note in the register in connection with each of the associated marks the number of the first-mentioned mark as being a mark associated with it.
(2) An application by a registered proprietor under section 29(3) of the Act to the registrar to dissolve the association between two or more associated trademarks shall be made in Form TM 18 and shall include a statement of the grounds of the application.
2010
45. Death of applicant before registration.
In case of the death of an applicant for the registration of a trademark
after the date of the application, and before the trademark applied for is been entered in the register, the registrar after the expiration of the prescribed period of advertisement and the determination of any opposition to the application, may, on being satisfied of the applicant’s death, enter in the register, in place of the name of the deceased applicant, the name, address, and description of the person owning the trademark, on that ownership being proved to the satisfaction of the registrar.
46. Certificate of registration.
Upon the registration of a trademark, the registrar shall issue to the
applicant a certificate of registration and shall affix to the certificate a copy of the mark, which may be a representation of the mark supplied by the applicant under regulation 18 (3).
Renewal
47. Renewal of registration.
(1) At any time not more than three months before the expiration of
the last registration of a trademark, a person may fill form TM 10 and file it with the registrar accompanied by a fee for renewal of registration of a trademark.
(2) Where the person filing for renewal is not the registered proprietor, that person shall sign a statement in the form that he or she is directed by the registered proprietor and pay the fee (if that is the case) and shall give his or her address.
(3) Before taking any further step, the registrar may either—
(a) require the person filling the form under this regulation to furnish within ten days an authority by the registered proprietor to renew the registration and pay the fee and if the person does not furnish the authority, he or she may return the fee and treat it as not received; or
2011
(b) communicate with the registered proprietor stating that the renewal form and fee have been received and that the registration will in due course be renewed.
48. Notice before removal of trademark from register.
At a date not less than one month and not more than two months before the expiration of the registration of a mark, if no fee upon Form TM 10 has been received, the registrar shall notify the registered proprietor in writing of the approaching expiration.
49. Second notice.
At a time not less than fourteen days and not more than one month before the expiration of the registration of a trademark the registrar may, if no fee as provided in regulation 47(1) is received, send a notice in writing to the registered proprietor as the trade or business address as well as the address for service, if any.
50. Publication of nonpayment.
If at the date of the expiration of the last registration of a mark the renewal fee has not been paid, the registrar shall publish the fact immediately in the Gazette, and if within one month after that advertisement the renewal fee upon Form TM 10, together with an additional fee in Form TM 11, is received, the registrar may renew the registration without removing the mark from the register.
51. Removal of trademark from register.
Where, at the expiration of one month from the advertisement for non payment mentioned in regulation 50, the fees mentioned in that regulation have not been paid, the registrar may remove the mark from the register as from the date of the expiration of the last registration, but may, upon payment of the renewal fee in Form TM 11 together with a registration fee in Form TM 12, restore the mark to the register if satisfied that it is just to do so, and upon such conditions as he or she may think fit to impose.
2012
52. Record of removal of mark.
Where a trademark has been removed from the register, the registrar
shall cause to be entered in the register, a record of the removal and of the cause of the removal.
53. Notice and publication of renewal and restoration.
Upon the renewal or restoration and renewal of a registration, a notice to
that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be published in the Gazette.
PART V—ASSIGNMENTS AND TRANSMISSIONS.
54. Joint application for entry of assignment or transmission. Where a person becomes entitled by assignment or transmission to a registered trademark, that person may, conjointly with the registered proprietor, apply to the registrar in Form TM 14 to register his or her title.
55. Application for entry of assignment or transmission by subsequent proprietor.
Where a person becomes entitled in a registered trademark by assignment or transmission and no joint application as mentioned regulation 54 is made, that person shall apply to the registrar in Form TM 15 to register his or her title.
56. Particulars to be stated in application.
(1) An application for entry of assignment or transmission shall
contain the name, trade or business address and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which that person claims, and the instrument shall be produced for inspection by the registrar, preferably at the time of application.
(2) The full names of all the partners in a partnership shall be given in the body of the application.
(3) The registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but the copy shall not be open to public inspection.
2013
57. Case accompanying application.
(1) Where in the case of an application in Form TM 14 or Form TM
15 the person applying for registration of title does not claim under any document or instrument which is capable in itself of furnishing proof of the title, that person shall, unless the registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which the claim to be proprietor of the trademark is based, and showing that the trademark has been assigned or transmitted to him or her.
(2) If the registrar so requires, the case shall be verified by a statutory declaration in Form TM 16.
58. Proof of title.
The registrar may call on any person who applies to be registered as proprietor of a registered trademark for proof or additional proof of title as the registrar may require for his or her satisfaction.
59. Application for entry of assignment without goodwill.
(1) An application relating to an assignment of a trademark in respect of any goods or services shall state—
(a) whether the trademark was, at the time of the assignment, used in a business in any of those goods or services; and
(b) whether the assignment was made otherwise than in connection with the goodwill of that business.
(2) If both the circumstances under sub regulation (1) exist, the applicant shall furnish the registrar with evidence that the applicant has complied with the directions of the registrar issued under section 31(8) and regulation 62.
(3) If the registrar is not satisfied that the directions have been fulfilled, the registrar shall not proceed with the application.
2014
(4) For the purpose of section 53(4) of the Act, the period within which a corporation may be registered as the subsequent proprietor of a registered trademark, upon application made under regulation 54 or 55, shall be six months from the date of advertisement in the Gazette of the registration of the trademark or such further period not exceeding six months as the registrar may allow, on application being made to him or her in Form TM 13 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed.
60. Entry in register upon assignment or transmission.
Where the registrar is satisfied as to the title of the person claiming to be
registered, the registrar shall cause that person to be registered as proprietor of the trademark in respect of the relevant goods or services, and shall enter in the register that person’s name, trade or business address and description and particulars of the assignment or transmission.
61. Separate registrations.
Where following an application under regulation 54 or 55, and as the
result of a division and separation of the goods or services of a registration or a division and separation of places or markets, different persons become registered separately under the same official number as subsequent proprietors of a trademark, each of the resulting separate registrations in the names of those different persons shall be taken to be a separate registration for all the purposes of the Act.
62. Certificate or approval as to certain assignments and transmissions.
(1) A person who desires to obtain a certificate under section 31(6)
of the Act shall send to the registrar, with the application in Form TM
29, TM 39 or TM 40, as the case may be, a statement of case in duplicate setting out the circumstances, together with a copy of any instrument or proposed instrument effecting the assignment or transmission.
(2) The registrar may call for evidence or further information as may be considered necessary, and the statement of case shall be amended if required to include all the relevant circumstances and shall if required be verified by a statutory declaration.
2015
(3) The registrar shall, after hearing if required by the applicant or any other person whom the registrar may consider to be interested in the transfer, consider the matter and issue a certificate or a notification in writing, of approval or disapproval, as the case may be.
(4) Where a statement of case is amended, two copies of the statement in its final form shall be left with the registrar.
(5) The registrar shall seal a copy of the statement of case in its final form to the certificate or notification.
63. Registrar’s directions for publication of assignment without goodwill of trademark in use.
(1) An application to the registrar under section 31(8) of the Act shall be made by the assignee in Form TM 41 and shall state the date on which the assignment was made.
(2) The application shall give particulars of the registration in the case of a registered trademark and, in the case of an unregistered trademark, shall show the mark and give particulars of the registered trademark that has been assigned with it in accordance with section
31(8) of the Act.
(3) The registrar may call for any evidence and further information and with regard to an application under sub regulation (2), if the registrar is satisfied with the evidence and further information, the registrar shall issue directions in writing with respect to the publication of the assignment.
(4) A request to the registrar for an extension of the period within which the application may be made, shall be in Form TM 42 and may be made at any time before or during the period for which extension can be allowed.
(5) The extension of the period which the registrar may allow shall not exceed three months.
2016
PART VI—PERMITTED USERS.
64. Application for entry of permitted user.
An application to the registrar for the registration under section 49 of the
Act of a person as a permitted user of a registered trademark shall be made by that person and the registered proprietor in Form TM 48.
65. Entry and notification.
(1) The entry of a permitted user in the register shall state the date
on which it is made.
(2) In addition to the trade or business address of the permitted user the entry may include an address for service, if an application by the permitted user in Form TM 32 for the entry of the address of service has been approved.
(3) A notification in writing of the registration of a permitted user shall be sent to the registered proprietor of the trademark, to the permitted user, and to every other permitted user whose name is entered in relation to the same registration of a trademark, and shall be published in the Gazette.
66. Registered proprietor’s application to vary entry.
An application by the registered proprietor of a trademark for the
variation of the registration of a permitted user of that trademark under section 50(1)(b) of the Act shall be made in Form TM 49 and shall be accompanied by a statement of the grounds on which it is made and, where the permitted user in question consents, by the written consent of that permitted user.
67. Application by registered proprietor or user to cancel entry.
An application by the registered proprietor or any permitted user of a
trademark for the cancellation of the registration of a permitted user of that trademark under section 50(1)(b) of the Act shall be made in Form TM 50 and shall be accompanied by a statement of the grounds on which it is made.
2017
68. Application under section 50(1)(c) of the Act to cancel entry. An application by any person for the cancellation of the registration of a permitted user under section 50(1) (c) of the Act shall be made in Form TM 51 and shall be accompanied by a statement of the grounds on which it is made.
69. Notification and hearing.
(1) The registrar shall give notice in writing to the applicant on
applications made under regulations 66, 67 and 68 to the registered proprietor and each permitted user, who is not the applicant under the registration of the trademark.
(2) A person notified under subregulation (1) who intends to intervene in the proceedings shall, within one month after the receipt of the notification, give notice to the registrar in Form TM 52 to that effect and shall send with the notice a statement of the grounds of the intervention.
(3) The registrar shall, upon sending a notice under sub regulation (2) send copies of the notice and statement to the other parties so that the intervention may be known to the applicant, the registered proprietor, the permitted user whose registration is in question, and any other permitted user who intervenes.
(4) A party referred to in sub regulation (3) may, within such time or times as the registrar may appoint, leave evidence in support of his or her case, and the registrar after giving the parties an opportunity of being heard may accept or refuse the application or accept it subject to any conditions, amendments, modifications or limitations the registrar may think fit to impose.
70. Registered user’s application under section 90 (2) of the Act.
(1) An application under section 90 (2) of the Act shall be made in
Form TM 17, TM 19, TM 20 or TM 32 as may be appropriate, by a permitted user of a trademark, or by such person as may satisfy the registrar that he or she is entitled to act in the name of a permitted user and the registrar may require such evidence by statutory declaration or otherwise as the registrar may think fit as to the circumstances in which the application is made.
2018
(2) In the case of the registration of a permitted user for a period, in accordance with section 49(7) (b) (ii) of the Act, the registrar shall cancel the entry of the permitted user at the end of the period where some or all of the goods are struck out from those in respect of which a trademark is registered, the registrar shall at the same time strike them out from those specifications of permitted users of the trademark in which they are comprised.
(3) The registrar shall notify every cancellation or striking out under subregulation (2) to the permitted users whose permitted use is affected by it and the registered proprietor of the trademark.
PART VII—ALTERATIONS AND RECTIFICATION OF ENTRIES IN THE REGISTER
71. Alteration of address in register.
(1) A registered proprietor or permitted user of a trademark whose
trade or business address is changed so that the entry in the register is rendered incorrect shall immediately request the registrar in form TM 17 to make the appropriate alteration of the address in the register, and the registrar shall, if satisfied, alter the register accordingly.
(2) A registered proprietor or permitted user of a trademark whose address of service in Uganda entered in the register is changed, whether by discontinuance of the entered address or otherwise, so that the entry in the register is rendered incorrect, shall immediately request the registrar in Form TM 32 to make the appropriate alteration of the address in the register, and the registrar shall, if satisfied, alter the register accordingly.
(3) A registered proprietor or permitted user of a trademark whose registered trade or business address or address for service is altered by a public authority, so that the changed address designates the same premises as before, may make the request to the registrar, without paying a fee, and shall accompany the request with a certificate of the alteration given by that authority and if the registrar is satisfied as to the facts of the case, the registrar shall alter the register accordingly.
2019
(4) In the case of the alteration of the address of a person entered in the register as the address for service of more than one registered proprietor or permitted user of trademarks, the registrar may, on proof that the address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person in Form TM 32 amended so as to suit the case for the appropriate alteration of the entries of his or her address as the address for service in the several registrations, particulars of which shall be given in the form, and may alter the entries accordingly.
(5) An application under this regulation in Form TM 32 shall be signed by the registered proprietor or the permitted user, as the case may be, or by an agent, expressly authorised by the registered proprietor or permitted user for the purpose of the application, unless in exceptional circumstances the registrar otherwise allows.
72. Application to rectify or remove a trademark from the register.
(1) An application to the register under any of sections 46, 47, 88
and 89 of the Act for making, expunging or varying any entry in the register shall be made in Form TM 25 and shall be accompanied by a statement setting out fully the nature of the applicant’s interest, the facts upon which the applicant bases his or her case and the relief sought.
(2) Where the application is made by a person who is not the registered proprietor of the trademark in question, the application shall be accompanied by a copy of the application and a copy of the statement, and those copies shall be transmitted immediately by the registrar to the registered proprietor.
(3) Upon the application being made and a copy of it transmitted to the registered proprietor, if necessary, regulations 35 to 44 shall apply with the necessary modifications to the further proceeding on the application; but the registrar shall not rectify or remove the mark from the register only because the registered proprietor has not filed a counterstatement.
(4) In the case of doubt any party may apply to the registrar for directions.
2020
73. Intervention by third parties.
(1) A person other than the registered proprietor alleging an interest in a registered trademark in respect of which an application is made in Form TM 25, may apply to the registrar in Form TM 26 for leave to intervene, stating in the application the nature of the interest, and the registrar may refuse or grant the leave, after hearing (if so required) the parties concerned, upon such terms and conditions as the registrar may deem fit.
(2) Before dealing in any way with the application for leave to intervene, the registrar may require the applicant to give an undertaking to pay such costs as in the circumstances the registrar may award to any party.
74. Application for correction of register under section 90(1) of the
Act.
(1) An application to the registrar under section 90 (1) of the Act for the alteration of the register by correction, change, cancellation, or striking out goods, or for the entry of a disclaimer or memorandum, may be made by the registered proprietor of the trademark or by such person as may satisfy the registrar that he or she is entitled to act in the name of the registered proprietor.
(2) The application shall be made in Form TM 17, TM 19, TM 20, TM 21, TM 22, TM 23 or TM 32, as may be appropriate; but an application in Form TM 21, TM 22 or TM 32 shall be signed by the registered proprietor or other person entitled under this regulation unless in exceptional circumstances the registrar otherwise allows, or, in the case of Form TM 32 only, it is signed by an agent expressly authorised for the purpose of that application.
(3) In the case of an application under sub regulations (1) and (2), the registrar may require such evidence by statutory declaration or otherwise as the registrar may think fit as to the circumstances in which the application is made.
2021
75. Publication of certain applications.
Where an application is made in Form TM 23 to enter a disclaimer or a
memorandum relating to a trademark, the registrar, before deciding upon the application, shall publish the application in the Gazette in order to enable any person desiring to do so to state, within one month after the publication, any reasons in writing against the making of the entry of the disclaimer or memorandum.
76. Certificate of validity to be noted.
(1) Where the court has certified as provided in section 59 of the
Act with regard to the validity of a registered trademark, the registered proprietor of the trademark may request the registrar in Form TM 47 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, which shall be named in the form.
(2) An office copy of the certificates shall be sent with the request under subregulation(1), and the registrar shall note it on the register and publish the note in the Gazette.
77. Alteration of registered mark.
(1) Where a person desires to apply under section 91 of the Act that
his or her registered trademark may be added to or altered, that person shall apply in writing in Form TM 24, and shall furnish the registrar with four copies of the mark as it will appear when so added to or altered.
(2) The registrar shall consider the application and shall, if it appears to the registrar expedient, advertise the application in the Gazette before deciding it.
(3) Within one month from the date of the advertisement any person may give notice of opposition to the application, in Form TM 45 accompanied by a duplicate of the notice, and may also send with that notice a further statement of any objections in duplicate.
(4) The registrar shall send the duplicate notice, and the duplicate of any further statement of objections, to the applicant, and regulations
35 to 44 shall apply with the necessary modifications to the further proceedings on the application.
2022
(5) In case of doubt any party may apply to the registrar for directions.
(6) If the registrar decides to allow the application, the registrar shall add to or alter the mark in the register, and if the mark as added to or altered has not been advertised under sub regulation (2), he or she shall advertise it in the Gazette and in any case shall insert in the Gazette a notification that the mark has been altered.
(7) The registrar may at any time call on the person applying to alter a registered trademark to supply a printing block satisfactory to the registrar and suitable for advertising the mark with the addition or alteration, if in the opinion of the registrar an advertisement describing the addition or alteration in words would not be likely to be understood by persons interested in the matter.
78. Rectification of certification trademark entries by the court.
An application in accordance with section 14 (6) and (8) of the Act made by an aggrieved person to the court for an order expunging or varying of an entry in the register or relating to a certification trademark, or varying the relevant deposited regulations, shall be made in Form TM 35 and shall include full particulars of the grounds on which the application is made.
79. Alteration of certification trademark regulations.
(1) An application by the registered proprietor of a certification trademark for an alteration of the deposited regulation shall be made in Form TM 34.
(2) Where the registrar causes the application to be advertised the time within which any person may give notice to the registrar on opposition to the application shall be one month from the date of the advertisement.
2023
PART VIII—MISCELLANEOUS.
80. Extension of time.
If in any particular case the registrar is satisfied that the circumstances justify
an extension of the time for doing any act or taking any proceeding under these Regulations, not being a time expressly provided in the Act or prescribed by regulation 59(4) or 63(5), the registrar may extend the time upon such notice to other parties, and proceedings on it, and upon such terms as he or she may direct, and the extension may be granted though the time has expired for doing the act or taking the proceedings.
81. Exercise of discretionary power by the registrar: hearing.
(1) Before exercising adversely to any person any discretionary
power given to the registrar by the Act or these Regulations, the registrar shall, if so required, hear the person.
(2) An application for a hearing shall be made within one month from the date of notification by the registrar of any objection to an application or the date of any other indication that the registrar proposes to exercise a discretionary power.
(3) Upon receiving the application made under sub regulation (2) the registrar shall give the person applying fourteen days’ notice of a time when he or she may be heard.
(4) Within seven days from the date when the notice would be delivered in the ordinary course of post, the person applying shall notify the registrar whether or not he or she intends to be heard on the matter.
(5) The decision of the registrar in the exercise of a discretionary power under this regulation shall be notified to the person affected.
82. Exercise of discretionary power by the registrar: dispensing with evidence.
Where under these Regulations a person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself, herself or a body corporate, or any document or evidence is required to be produced to or left with the registrar, or at the office, and it is shown to the satisfaction of the registrar that from any reasonable cause that person is
2024
unable to do the act or thing, or to sign the document, to make the declaration, or that the document or evidence cannot be produced or left, the registrar may, upon the production of such other evidence, and subject to such terms as the registrar may think fit, dispense with any such act or thing, signature, declaration, document or evidence.
83. Amendments of documents and correction of procedural irregularities.
A document or drawing or other representation of a trademark may be amended, and any irregularity in procedure which in the opinion of the registrar may be excused without detriment to the interests of any person may be corrected, if the registrar thinks fit, and on such terms as the registrar may direct.
84. Certificates by registrar.
(1) The registrar may give a certificate, other than a certificate
under section 16 of the Act, as to any entry, matter or thing which the registrar is authorised or required by the Act or these Regulations to make or do, upon receipt of a request for the certificate in Form TM 30 from any person who, if the registrar thinks fit so to require, can show an interest in the entry, matter or thing to the registrar’s satisfaction.
(2) Except in a case falling under regulation 86, the registrar shall not be obliged to include in the certificate a copy of any mark, unless the registrar is furnished by the applicant with a copy of the mark suitable for the purpose.
85. Marks registered without limitation of colour.
Where a mark is registered without limitation of colour, the registrar
may grant a certificate of its registration for the purpose of obtaining registration outside Uganda either in the colour in which it appears upon the register or in any other colour or colours.
86. Certificates for use in obtaining registration abroad.
(1) Where the registrar issues a document for use in obtaining
registration abroad, the registrar shall include in the document a copy of the mark and may require the person requesting the document to furnish a copy of the mark suitable for the purpose; and if the person fails to do so, the registrar may refuse to issue the document.
2025
(2) The registrar may include in the document such particulars concerning the registration of the mark as the registrar deems fit and may omit from the document reference to any disclaimers appearing in the register, but in the last mentioned case the document shall be marked: “For use in obtaining registration outside Uganda only”.
87. Person before whom declaration is to be taken.
A statutory declaration required by the Act and these Regulations, or
used in any proceedings under them, shall be made and subscribed as follows—
(a) in the United Kingdom, before any justice of the peace, or any commissioner or other officer, authorised by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceeding;
(b) in any other part of the Commonwealth, before any court, judge, justice of the peace, or any officer authorised by law to administer an oath for the purpose of legal proceedings; and
(c) if made outside the Commonwealth, before a foreign service officer of Uganda, a Commonwealth consul, diplomatic agent, a notary public, a judge or magistrate.
88. Notice of seal or signature of officer taking declaration to prove itself.
A document purporting to have affixed, impressed or subscribed to it or on it the seal or signature of a person authorised by regulation 87 to take a declaration in testimony that the declaration was made and subscribed before that person may be admitted by the registrar without proof of the genuineness of the seal or signature or of the official character of the person or his or her authority to take the declaration.
89. Searches.
(1) A person may request the registrar to cause a search to be made
in respect of specified goods or services classified in any class of the Third Schedule to ascertain whether any mark is on record at the date of the search which resembles a trademark of which duplicate representations accompany the form.
2026
(2) The registrar shall cause the search to be made and the person making the request to be informed of the result of the search.
90. Appeals to the court.
Where a person intends to appeal to court, the appeal shall be made by
motion in the usual way, and no such appeal shall be entertained unless notice of the motion is given within sixty days from the date of the decision appealed against or within such further time as the registrar shall allow.
91. Applications to the court.
Every application to the court under the Act shall be served on the
registrar.
92. Order of the court.
(1) Where an order has been made by the court in any case under
the Act, the person in whose favour the order is made, or such one of them, if more than one, as the registrar may direct, shall immediately leave at the office an office copy of the order, together with Form TM 46 if required.
(2) Where the order of the court requires a rectification or alteration of the register, the registrar shall give effect to the order.
(3) Where an order is made by the court under the Act, the registrar may, if he or she thinks that the order should be made public, publish it in the Gazette.
93. Revocation of S.I. 217-1 and S.I No. 58 of 2005.
The Trademarks Rules S.I 217-1 and the Trademarks Fees (Amendment)
Rules 2005 are revoked.
2027
FIRST SCHEDULE
FEES
Regulation 3
Item |
Matter or proceeding |
Foreign Applicants US$ |
National Applicants Shs |
Correspond ing forms |
1a |
On application to register a series of trademarks under section 30 (2) for specification |
150 |
50,000 |
TM. No. 2 |
1b |
On application to register a defensive trade mark for specification of goods or services in one class |
170 |
55,000 |
TM. No. 31 |
1c |
On application under section 13 to register certification of goods or services included in one class |
150 |
50,000 |
TM. No.5 |
1d |
On application made at the same time under section 13 to register one certification trademark for a specification of goods or services not all included in one class in respect of every class total fees in no case to exceed Shs. 150,000 in case of a national application and US $ 900 in case of a foreign application |
150 |
50,000 |
TM. No.5 |
2 |
On request to the registrar to state grounds of decisions relating to an application to register a trade mark and materials used |
150 |
50,000 |
TM. No. 4 |
3 |
On notice of opposition before the registrar under section 12 for each application opposed by the opponent |
250 |
100,000 |
TM. No.6 |
3a |
On lodging a counter- statement in answer to a notice of opposition sections 12 for each application opposed by the applicant or in answer to a notice of opposition under any of the sections 12,49,89 and 90 by applicant or proprietor, respectively or on hearing an opposition under sections 92 or 14 by proprietor and by opponent, respectively |
150 |
50,0000 |
TM. No. 7 |
3b |
In hearing of such opposition under section 12 by applicant and by the opponent respectively: or on the hearing of an application under any section 46, 47, 88 and 89 by applicant and proprietor respectively or on hearing of an opposition under section 91 or 92 by proprietor and by opponent respectively |
250 |
100,000 |
TM. No. 8 |
2028
3c |
On notice of opposition before the court under section 12 for each application opposed by the opponent |
250 |
100,000 |
TM. No.36 |
3e |
On hearing of each opposition before the courts under section 12 by applicant and by the opponent, respectively |
250 |
100,000 |
TM. No.37 |
4 |
For one registration of a trade mark not otherwise charged for a specification of goods or services included in one class |
250 |
100,000 |
TM. No. |
4a |
Or one registration of series of trade marks under section 30 for specification of goods or services include in one class :- |
250 |
10,000 |
TM. No.9 |
4a |
For the first mark and for every other mark of the series |
20 |
100,000 |
TM. No.9 |
4b |
For registration under section 13 of a certification trade mark for a specification of goods or services included in one class |
250 |
100,000 |
TM. No. 9 |
4c |
For registration upon application made at the same time of one certification trade mark, under section 13 for specification of goods or services not all included in one class; In respect of every class. Total fee in no case to exceed Shs. 200,000 |
250 |
100,000 |
TM. No.9 |
4d |
For one registration of a defensive trade mark for a specification of goods or services included in one class |
300 |
120,000 |
TM. No.9 |
5 |
Upon each addition to the registered entry of a trade mark of a note that the trade mark is associated with a newly registered mark |
30 |
20,000 |
TM. No.9 |
5a |
Upon application to dissolve the association between registered trademarks |
250 |
100,000 |
TM. No. 18 |
6 |
On application to register a registered user of a registered trade mark in respect of goods or services within the specification thereof |
250 |
100,000 |
TM. No.49 |
6a |
On application to register the same registered user of more than one registered trademark of the same registered proprietor in respect of goods or services within the respective specifications thereof and subject to the same conditions and restrictions in each case |
250 |
100,000 |
TM. No.48 |
6a |
For the first and every other mark for the proprietor included in the application and statement on the case |
30 |
20,000 |
TM. No. 48 |
2029
6b |
On application by the proprietor of a single trade mark under section 50 (1)(a) to vary the entries of a registered user thereof |
250 |
100,000 |
TM. No.49 |
6c |
On application by the proprietor of more than one trade mark under section 50 (1) (a) to vary the entries of a registered user thereof: For every mark: |
250 |
100,000 |
TM. No.49 |
And for every mark of the proprietor for which the same user is registered, included in the application |
30 |
20,000 |
TM. No.49 |
|
6d |
On application by the proprietor or registered user of a single trade mark under of section 50 (1) (b)for the cancellation of the entry of a registered user thereof |
250 |
100,000 |
TM. No.50 |
6e |
On application by a proprietor or a registered user of more than one trade mark under section 50 (1) (b) for cancellation of entries of a registered user thereof |
250 |
100,000 |
TM. No.50 |
for the first mark for which the same user i1 registered, included in the application |
30 |
20,000 |
TM. No. 50 |
|
6f |
On application under section 50 (1)(c) to cancel the entry of a registered user of a single trade mark |
250 |
100,000 |
TM. No.51 |
6g |
On application under section 50 (1) (c)a registered user of a single trade mark |
250 |
100,000 |
TM. No. 51. |
For the first mark and for every other mark of the same proprietor for which the same user is registered, included in the application |
40 |
20,000 |
TM.No. 51 |
|
6h |
On notice under section 51 and regulation 72, of intention to intervene in one proceeding for the verification or cancellation of entries of a registered user of trade marks |
40 |
30,000 |
TM No. 52 |
7 |
on request to enter in the register and advertise a certificate of validity under section 59 and regulation 77 |
- |
- |
- |
For the first registration certified in the same certificate |
150 |
50,000 |
TM No.47 |
|
And for every other registration certified in the same certificate |
20 |
10,000 |
TM No.47 |
|
7a |
On application under section 53 (4) and regulation 52 for extension of timer for registration of a corporation as a subsequent proprietor of trademarks on one assignment :- not exceeding two months |
75 |
35,000 |
TM No. 13 |
not exceeding four months |
150 |
55,000 |
TM No. 13 |
|
not exceeding six months |
250 |
100,000 |
TM No. 13 |
2030
8 |
On application for a certificate of the registrar under section 29 (3) and regulation 58: For the first mark proposed to be assigned |
250 |
100,000 |
TM No. 39 |
8 |
For every mark of the same proprietor included in that assignment |
30 |
20,000 |
TM No. 39 |
8a |
On application for approval of the registrar under section 31 (6) and regulation 58: For the first mark |
250 |
100,000 |
TM No. 40 or 29 |
And for every mark assigned with the same devolution of title |
30 |
20,000 |
TM No.40 |
|
8b |
On application for directions by the registrar for advertisement of trade marks in use without good will: |
65 |
35,000 |
TM No. 41 |
For one mark assigned and for every mark assigned with the same devolution of title |
30 |
20,000 |
TM No. 41 |
|
8c |
On application for extension of time applying for directions for advertisements of trademarks in use without good will in respect of one devolution of title : |
|||
not exceeding one month |
55 |
25,000 |
TM No.42 |
|
not exceeding two months |
75 |
35,000 |
TM No.42 |
|
not exceeding three months |
250 |
100,000 |
TM No.42 |
|
9 |
On application to register a subsequent proprietor in case of an assignment or transmission of a single trade mark: |
|||
If made within six months from the date of acquisition of proprietorship |
75 |
35,000 |
TM No. 14 |
|
If made after the expiration of six months from the date of acquisition of proprietorship of the coming into force of these rules |
250 |
100,000 |
TM No. 14 or 15 |
|
If made after the expiration of twelve months from the date of acquisition of proprietorship. |
300 |
120,000 |
TM No. 14 or 15 |
|
9a |
On application to register a subsequent proprietor of more than one trade mark standing in same name, the devolution of the title being the same in each case:-if made within six months from the date of acquisition of proprietorship. For the first mark |
75 |
35,000 |
TM No. 14 or 15 |
And for every other mark |
30 |
30,000 |
TM No. 14 or 15 |
|
If , made after the expiration of six months from the date of acquisition of proprietorship For the first mark |
250 |
100,000 |
TM No. 14 or 15 |
2031
And for every other mark |
20 |
20,000 |
TM No. 14 or 15 |
|
If , made after the expiration of twelve months from the date of acquisition. |
300 |
120,000 |
TM No. 14 or 15 |
|
And for every other mark |
20 |
20,000 |
TM No. 14 or 15 |
|
10 |
On application to change the name or description of a proprietor or a registered user of a single trade mark where there has been no change in the proprietorship or in the identity of the identity of the user |
30 |
25,000 |
TM No. 20 |
10a |
On application to change the name or description of a proprietor or a registered user of more than one trade mark standing in the same name where there has been no change in the proprietorship or in the identity of the use, the change being the same in each case: For the first mark |
40 |
25,000 |
TM No. 20 |
And for every other mark of the series |
30 |
20,000 |
TM No. 20 |
|
11 |
For renewal of registration of a trademark or trade marks at expiration of last registration |
250 |
100,000 |
TM No. 10 |
11a |
For renewal of registration of a series of trademarks under sections 30 (1) at expiration of last registration: |
250 |
100,000 |
TM No. 10 |
For the first mark of the series And for every other mark of the series |
30 |
20,000 |
TM No. 10 |
|
11b |
For renewal of registration of the same certification trade mark with the same date for goods or services in more than one class in respect of every class:- Total fee in no case to exceed Shs. 300,000 for every number of class |
250 |
100,000 |
TM No. 10 |
11c |
Additional fee under regulation 43 |
65 |
35,000 |
TM No. 11 |
11d |
Restoration fee under regulation 44 |
250 |
100,000 |
TM No. 12 |
12 |
On application to register for leave to add to or alter a single trade mark |
250 |
100,000 |
TM No. 24 |
12a |
On application to the registrar for leave to add or to alter more than one registered trade mark of the same proprietor being identical marks, the additional or alteration to be made in each case being the same: For the first mark |
250 |
100,000 |
TM No. 27 |
And for every other mark |
55 |
30,000 |
TM No. 27 |
2032
12b |
On notice of opposition to application for leave to add to or alter registered trademarks, for each application apposed |
250 |
100,000 |
TM No. 45 |
13 |
For altering one or more entries of the trade or business or registered proprietor or registered user of a trade mark where the address in each case is the same and is altered in the same way (unless exempted from fee under regulation 81):- For the first entry |
30 |
25,000 |
TM No. 17 |
And for every other entry |
20 |
20,000 |
TM No. 17 |
|
14 |
For every entry in the register of a rectification thereof or an alteration therein not otherwise changed |
55 |
30,000 |
TM No. 46 |
15 |
For cancelling the entry or part of the entry of trade mark upon the register on the application of the registered proprietor of the trade mark |
30 |
20,000 |
TM No. 21 or 22 |
16 |
On application under any of the sections 47, 49, 89 and 90 for rectification of the register or removal of a trade mark from the register |
300 |
120,000 |
TM No. 25 |
16a |
On application for leave to intervene in proceedings under any of the sections 46, 47, 88 and 90 for rectification of the register or removal of trade mark from the register 75 |
300 |
35,000 |
TM No. 26 |
17 |
On request not otherwise charged for correction of clerical errors for permission to amend application |
40 |
25,000 |
TM No. 19 |
18 |
On request by registered proprietor of a trade mark for entry of disclaimer or memorandum in the register |
40 |
25,000 |
TM No. 23 |
19 |
On application to the court under regulation to expunge or vary the registration of a certification trade mark or to vary the deposited regulations of certification trade mark or of certification trademarks of the same substantially the same76 |
250 |
100,000 |
TM No. 35 |
19a |
On request to the registrar by the registered proprietor of a certification trade mark to permit alteration of the deposited regulations thereof:- For the regulation of one such registration each |
65 |
30,000 |
TM No. 34 |
For the same or substantially the same regulations of each other registration proposed to be altered in the same way and included in the same request |
20 |
20,000 |
TM No. 34 |
2033
20 |
n/a |
30 |
25,000 |
TM No. 43 |
20a |
On notice of opposition to convention of the specification or specifications of a registered trade mark or registered trade mark :- For one mark |
250 |
100,000 |
TM No. 44 |
For every other mark of the same proprietor having the same specification |
30 |
20,000 |
TM No. 44 |
|
21 |
For a search under regulation 68 in respect of one class:- without application for the Registrar's advice under regulation 16 |
65 |
25,000 |
TM No. 27 |
With application for the Registrar's advice under regulation 16 |
75 |
30,000 |
TM No. 27 |
|
22 |
On request for the registrar's preliminary advice under regulation 16 for each trade mark submitted in respect of one class |
40 |
25,000 |
TM No. 28 |
23 |
For certificate to the registrar other than certificate under section 16 (2) of the registration of a series of trade marks under section 30 (2) |
45 |
25,000 |
TM No. 30 |
23a |
For certificate of registrar other than certificate under section 16 (2) of the registration of a series of trade marks under section 30 (1) |
75 |
30,000 |
TM No. 30 |
24 |
For cancelling one or more entries of an address for service of a registered proprietor or a registered user of a trade mark where the address in each case is the same, on application made after the registration in each case:- For the first entry |
30 |
20,000 |
TM No. 32 |
And for every other entry |
20 |
10,000 |
TM No. 32 |
|
24a |
For certificate of the registrar other than certificate under section 16 of the registration of a series of trade marks under section 30 (1) |
75 |
30,000 |
TM No. 30 |
25 |
For inspecting register or notice of opposition, counter statement or decision in connection with any opposition or application for rectification of the register relating to any particular trade mark, for every quarter of an hour |
20 |
10,000 |
TM No. |
26 |
For permission to search amongst the classified representation of trade marks, for every quarter of an hour |
20 |
10,000 |
- |
2034
27 |
For office copy of documents, for every 100 words (but never less than Shs. 1,000) |
20 |
5,000 |
- |
28 |
For photographic of documents |
- |
- |
- |
29 |
For certifying office copies M.S. or photographic or printed matter |
40 |
25,000 |
- |
30 |
For extra space in the Gazette advertisement, in case where the printing block for the trade marks exceeds two inch or part of an inch over two inches in depth: |
25 |
15,000 |
- |
For every inch or part of an inch over two inches in breadth: |
25 |
15,000 |
||
For every inch or part of an inch over two inches in depth:- Cost according to agreement |
2035
SECOND SCHEDULE
FORMS Regulations 4, 10(2)
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
FORM OF AUTHORISATION OF AGENT IN A MATTER UNDER THE ACT
(Regulation 10(2).)
To: The Registrar of Trademarks
Kampala.
*I (we) ………………………………………………………………………... have appointed (a)…………of ……………………………………………… to act as my (our) agent for the puposes of (b) ………………………………… and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address.
I (we) hereby revoke all previous authorisations, if any, in request of the same matter or proceeding.
I (we) hereby declare that I am (or we) a (c)………………………………… Dated this ……………….day of…………………………….20……….. (d) …………………………………………………………………………… Address (e) …………………………………………………………………..
(To be struck out of the person appointing the Agent desires his own address to be treated as the address for service after registration)
I (or we) also authorize the said (a) ……………………………
……………………………to complete Form TM-No.32 requesting the entry of an address for service as part of any registration obtained under the above authorization.
Dated this ………………day of ……………………………….20…….. (d)……………………………………………………………………………. Address (e) ………………………………………………………………..
FORM TM 1
For stamp duty see item 44 of the Schedule to the Stamps Act
*The full name of all partners in a farm must be inserted, and the kind and country of incorporation of bodies corporate stated.
(a) Here state name and address of agent.
(b) Here state the particular matter or proceeding for which the agent is appointed giving the reference number of business.
(c) Here state nationality
(d) To be signed by the person appointing the agent.
(e) Here insert the full trade or business address of the person appointing the agent.
2036
Regulations 4, 17(2)
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
APPLICATION FOR REGISTRATION OF TRADE MARK IN PART * OF THE REGISTER
(Regulation 17(2))
To: The Registrar of Trademarks Kampala
Application is hereby made for Registration in Part *…………..of the Register of the accompanying Trade Mark in Class………………………in respect of (a)………………………………………………………………………………
…………………………………………………………………….……………
………………………………………………………………….………………
………………………………………………………………….……………… in the name of (b) ……………………………………………………………… whose trade or business is (c) ………………………………………………….
…………………………………………………………………………………. trading as (d) ………………………………………………………………… by whom it is proposed to be used and who claim(s) to be its proprietor(s).
(f) ………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………………… Dated the……………………….day of ………………………………20……. (g) ……………………………………………………………………………
FORM TM 2
FEE
* Write distinctly here “A” or “B” according to the registration desired.
One representation to be fixed within this space and four others to be sent separate Forms TM-No.3
Representations of a large size may be folded, but must then be mounted upon linen or other suitable material ad affixed hereto.
(a) Here specify the gods. Only goods included in one and the same class should be specified. A separate application from the required application required for each class.
(b) Here insert legibly the full name, description and nationality of the individual, firm or body corporate making the application. The names of all partners in a firm must be given in full. If the applicant is a body corporate, the kind and country of incorporation should be stated.
(c) Here insert the full trade or business address of the applicant.
(d) Here insert the trading style (if any).
(e) For additional matter if required, otherwise to be left blank.
(f) Name and Signature
2037
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
Regulations 18(3),(4),21,22 and 42 (c)
FORM TM 3
ADDITIONAL REPRESENTATION OF TRADE MARKS TO ACCOMPANY APPLICATION FOR REGISTRATION (Regulations 18(3), (4), 21, 22 and 42(c)
2038
One representation of the Trade Mark to be affixed within this space. It must correspond exactly in all respects with the representation affixed to the Application Form.
Any representation larger than the space provided may be folded but must then be mounted upon linen or other suitable material and affixed hereto.
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
Regulation 24(2)
REQUEST FOR STATEMENT OF GROUNDS OF DECISION
To: The Registrar of Trade
Kampala.
Regulation 42(1)
FORM TM 4
FEE:
In the matter of ……………………………………………………………
(Insert the names of parties to the matter)
the Registrar is hereby requested to state in writing the grounds of his decision, and the materials used by him in arriving at the decision.
Dated this …………….day of ……………………………….20……
…………………..……………………………………………………………
……………………………………………..
Applicant
2039
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
Application for Registration of Certification Trade Mark
( Regulation 42(1 )
(To be filled in triplicate)
To: The Registrar Of Trade Marks, P. O Box 6848,
Kampala.
Application is hereby made for Registration in Part A of the Register of the accompanying Certification Trade Mark in Class ……………………………. in respect of (a) ……………………………………………………………… in the name of (b) ……………………………………………………………… whose address is (c) ………………………………………………………….
…………………………………………………………………………………
Dated this ………………………… day of …..……………………… 20……
Regulation 42 (1)
FORM TM 5
FEE:
One representation to be fixed within this space and six others to be sent on separate Forms TM No.3.
Representation of a larger size may be folded, but must then be mounted upon linen or other suitable material and affixed hereto.
(a) Here specify the goods. Only goods included in one and the same class should be specified. A separate application Form is required for each class.
(b) Here insert the full name, description and nationality of the applicant. If the applicant is a body corporate, the kind and country of incorporation should be stated.
(c) Here insert the full address of the applicant.
(d)……………………………………………………………………………….
(d) Signature.
2040
THE REPUBLIC OF UGANDA
THE TRADEMARKS ACT, 2010
Regulation 28
FORM TM 6
Notice of Opposition to Application for Registration of A Trademark.
( Regulation 28)
( To be accompanied by an unstamped duplicate)
To: The Registrar of Trademarks
Kampala
IN THE MATTER OF an application No.……………………………………………………… by ……………………………………………………………………………………………….. of…………………………………………………………………………………………………..
I or (we)…………………………………………………………… of …………….. (State full name and address) hereby give notice of my (our) intention to register a trade mark advertised under the above number for class……………………………….. in the Uganda Gazzatte of the
…………..day of……..20… The grounds of opposition are as follows;
(a) …………………………………………………………………………………………….
………………………………………………………………………………………….. (b) ……………………………………………………………………………………………
………………………………………………………………………………………….… Dated this …………….day of……………………20……
…………………………………………
Applicant.
2041
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
Regulations 30(1) and 42(6)
FORM TM 7
FEE:
FORM OF COUNTER-STATEMENT
(Regulations 30(1) and 42(6))
To: Registrar of Trade Marks.
P.O Box 6848, Kampala.
IN THE MATTER OF Opposition No………… to Application No…………. I, (or We) ………………………………………………………………………
the applicant(s) for registration of the above Trade Mark, hereby give notice that the following are the ground on which I (We) rely in support of my (our) application:
………………………………………………………………......................
………………………………………………………………......................
I (We) admit the following allegations in the notice of Opposition:
…………………………………………………………………………………
………………………………………………………………………………… Address for service in Uganda in these proceedings: ……………………
……………………………………………………………………..................... Dated this ………………………. day of ….…………..20 ………………
(a)……………………………………………............................................... Signature
2042
THE REPUBLIC OF UGANDA
Regulations 36(2)(3) and 42(6)
THE TRADE MARKS ACT, 2010
NOTICE TO THE REGISTRAR OF ATTENDANCE AT HEARING
(Regulations 36(2) (3) and 42(6))
To: Registrar of Trade Marks.
Kampala.
I (We) …………………………………………………………………………………………..
of …………………………………………………………………..(state name and address of applicant) hereby give notice of attendance at the hearing of the opposition for application for registration of a Trade Mark in respect of the application by……………………….. of…………………….. as the registered proprietor.
Dated this ………………….day of …………………………………20…..
………………………………………….
Applicant
2043
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
FEE FOR APPLICATION OF A TRADE MARK
(Regulation 43(1))
To: Registrar of Trade Marks.
P.O Box 6848, Kampala.
FORM TM 9
FEE:
(If the applicant has furnished a printing block for advertisement, this Form must be accompanied by unmounted representation of the Mark exactly as shown on the Form of Application).
The present fee for the registration of the Trade Mark
No. …………………… in class ……………………. is hereby transmitted. Dated this ……………..day of ………………………..….. 20……………
Signature
…………………………………………………………
2044
THE REPUBLIC OF UGANDA
Regulations 48 and 50
FORM TM 10
FEE:
THE TRADE MARKS ACT, 2010
*FEES FOR RENEWAL OF REGISTRATION OF TRADE MARK
(Regulations 47( 1),48 and 50)
To: Registrar of Trade Marks.
P.O Box 6848, Kampala.
(a) I, (We)………………………………………………………………………………….of
………………………………………………………………………………hereby pay the prescribed fee of Shs ………………………………………………for Renewal of Registration of the Trade Mark No……………in Class ………… which I am directed to pay by
(b) ………………………..…………………………………………………………………
…………………………….………………………………………………………… the registered proprietor.
Date this…………………………….day of …………………………………20………..
………………………………………………..
Applicant (Signature)
* This form will be returned if it is filed more than three months before the expiration of the last registration.
2045
Regulations 50 and 51
FORM TM 11
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
(Regulations 50 and 51)
To: Registrar of Trade Marks.
P.O Box 6848, Kampala.
In pursuance of the notices issued by the registrar, I (we) hereby transmit the additional fee of UGX ………………….(along with Form TM -No.10) for the renewal of the registration of the Trade Mark No……. in class………… Date this……………………day of ………………………………..20……… (a) …………………………………………………………………………
…………………….……………………………………………….... (b) …………………………………………………………………………
…………………….………………………………………………....
Additional Fee of UGX ………………………. to accompany Renewal Fee (Form TM - No.10), within one month after advertisement of Non-payment of Renewal Fee.
N.B: This Form must be signed by the person(s) signing the Form TM-No. 10 which accompanies it.
FEE:
(a) Signature
(b)Address
2046
THE REPULIC OF UGANDA
Regulation 51.
Form TM 12
FEE:
THE TRADE MARKS ACT 2010.
Restoration of Trade Mark Removed From Register for Non-Payment of Fee
(Regulation 51)
(To accompany Form TM -No.10)
To: Registrar Of Trade Marks, P.O. Box 6848,
Kampala.
In pursuance of the notices issued by the Registrar, I (we) hereby transmit the additional fee of UGX …………….. (along with Form TM-No. 10) for the restoration to the Register of the Trade mark No…………in Class………………………………
Date this…………………day of …………………………………..20………
………….………………………………….
Applicant
2047
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Regulation 59(4)
FORM TM 13
FEE:
Restoration of Trade Mark Removed From Register For Non-Payment of Fee
(Regulation 59(4))
(To accompany Form TM -No.10)
2048
THE REPUBLIC OF UGANDA
Regulations 54 and 57
FORM TM 14
FEE:
THE TRADE MARKS ACT 2010.
Joint Request to the Registrar by Registered Proprietor and Transferee to register the Transferee as subsequent Proprietor of Trade Marks upon the same devolution to title.
(Regulations 54 and 57)
To: Registrar Of Trade Marks, P.O. Box 6848,
Kampala.
We (a) …………………………………………………………………………
…………………………………………………………………………………. and (b) …………………………………………………………………………
…………………………………………………………………………………
hereby request, under regulation 64 that the name of (c) ………………………
…………………………………………………………………………………
carrying on business as (d) ……………………………………………………
…………………………………………………………………………………
at (e) …………………………………………………………………………..
………………………………………………………………………………… May be entered in the Register of Trade Marks as proprietor of the Trade Mark(s) No.(s) …………………* in Class ……………………………...as from the (f) …………………………….by virtue of (g) ………………………
…………………………………………………………………………………
………………………………………………………………………………… (h) The Trade Mark at the time of the assignment was/was not used in a business
in the goods in question, and the assignment took/did not take place on or after the
appointed day otherwise than in connection with the goodwill of a business in the goods/and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith, and a statement of the dates of issue of any publications containing them.
Dated this ………………..day of …………………………………..20……… (i) ……………………………………………………………………………… (j) ……………………………………………………………………………..
(a) Name and address of registered proprietor or other Assignor or Transmitter
(b) Full name, trade
Transferee.
(d) Description of
Transferee.
(e) Trade or business address of Transferee.
*Additional numbers may be given in a signed schedule on the back of the form.
(f) Date of acquisition of proprietorship.
(g) Full particulars of the instrument of assignment, if any, or statement of case.
(h) Strike out any words not applicable (see regulation 69)
(i) Signature of Assignor of Transmitter
(j) Signature of
Transferee
2049
THE REPUBLIC OF UGANDA
Regulations 55 and 57
FORM TM 15
FEE:
THE TRADE MARKS ACT, 2010.
Request to the Registrar to register a subsequent Proprietor of Trade Mark or Trade Marks upon the same devolution to Title (Regulations 55 and 57)
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
I (We) (a) ……………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………………… Hereby request that my (our) name(s) may be entered in the Register of Trade Marks as proprietor(s) of Trade Mark(s) No(s) ………………………..* in Class…………….as from the………………………………………………… (date of acquisition of proprietorship)
I am (We are) entitled to the Trade Mark(b) by virtue of (c)
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………………… (d) The Trade Mark at the time of the assignment was used/not used in a
business in the goods in question, and the assignment took place/did not take place on or after the appointed day otherwise than in connection with the goodwill of a business in the goods/and there is a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisement complying therewith and a statement of the dates of issue of any publications containing them.
Dated this…………………….day of ……………………………20……
…………………………………….……………(Signature)
Applicant
(a) Here insert full name, trade or
*Additional numbers
(b) Number of acquisition of proprietorship
(c) Here insert full particulars of the instrument of assignment or transmission, if any, or statement of case.
(d) Strike out any word not applicable (See reg.69)
2050
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Regulation 57
FORM TM 16
Declaration (only to be furnished when requested by the Registrar) in support of Statement of Case accompanying Form TM-No.14 or TM-No.15 (Regulation 57(2))
2051
THE REPUBLIC OF UGANDA
Regulations 70(1),71, &74(2)
Form TM 17
FEE:
THE TRADE MARKS ACT, 2010.
REQUEST FOR ALTERATION OF TRADE OR BUSINESS ADDRESS IN REGISTER OF TRADE MARKS
(Regulations 70(1), 71, 74(2))
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF the Trade Mark(s) No……………………………….* registered in Class ….………………..……………………………………….. I (We) …………………………………………………………………….. of
……………………………………………………………………………….. the Registered Proprietor(s)……………… of the Trade Mark(s) numbered as above, request that my (our) trade address in the Register of Trade Marks be
altered to
…………………………………………………………….………………….. Dated this………………………………day of …………………..20……… (b) …………………………………………………………………………… Applicant
Note: A registered Proprietor or Registered User whose address has been altered by a public authority, so that the changed address designates the same premises as before, may make also the statement below in order to avoid payment of the fee.
(For use only in case of an address changed by a public authority, without the change of premises:-)
The change of address, for the entry of which application is made above, was ordered by (a) ………………………………………………………………… on the ………………………….. day of…………………………….20…… (b) ……………………………………………………………………………
*Note: If the above statement be made, and a certificate of the alteration given by the named authority be supplied, the Registrar,* if satisfied as to the facts of the case, will not require Form TM-No.17 to be fee paid. (See regulation 71).
Additional numbers may be given in a signed schedule on the back of the Form.
(a) Strike out one of these words.
(b) Signature
(a) Here insert the name of the public authority ordering the change and the date thereof.
(b) Signature of the Registered Proprietor or User, as the case may be.
2052
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Application to the Registrar under section ( ) and Regulation ( ) to dissolve the association between a registered trade mark and any other registered Trade Mark(s)
(Regulation 44 (2))
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF the Trade Mark No……………………………………. registered in Class …………………………………………………………….. I (We) …………………………………………………………………………..
…..……………………………………………………………………………..
the Registered Proprietor(s) of the above-mentioned Trade Mark, hereby apply that the association of this Trade Mark with the following Trade Mark(s) registered in my (our) name :
No. ………………………… registered in Class…………………..
No. ………………………… registered in Class………………….. may be dissolved and the Register amended accordingly.
The grounds for this application are set forth in the accompanying State of
Case.
Dated this………………….day of ………………………………….., 20…….
(a)………………………………………………………
Regulation 44(2)
FORM TM 18
FEE:
(a) Signature
2053
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Regulations 70(1) and 74(2)
FORM TM 19
FEE:
REQUEST FOR CORRECTION OF CLERICAL ERROR; OR FOR PERMISSION TO AMEND APPLICATION (Regulations 70(1) and 74(2))
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF ………………….……………………………………. I (We), being the………………………. hereby request that.……………….
………………………………………………………………………………..
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
Dated this…………………day of…………………………………….20…… (b) Signature
(b) ……………………………………………………………………………..
2054
THE REPUBLIC OF UGANDA
Regulations 70(1) and 74 (2)
FORM TM.20
FEE:
THE TRADE MARKS ACT, 2010.
Request to enter Change of Name or Description of Registered Proprietor (or Registered User) of Trade Mark upon the Register (Regulations 70(1), 74(2))
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
I (We) (a)………………………………………………………………………
…………………………………………………………………………………. hereby request that (b)…………………………………………………………. name(s) and description(s) may be entered in the Register of Trade Marks as (proprietor(s).
(c) (registered user(s) of the Trade Mark(s) No……………………………… registered in Class ……………………………………………………………. (the said Trade Mark)
(d) ……………entitled to (c) use the said Trade (Mark as registered (user(s).
There has been no change in the ………………………….………………….. (c) (Actual proprietorship
(Identity of the registered user(s)
of the said Trade Mark but (e) ………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
The entry at present standing in the Register gives my (or our) name(s) and description(s) as follows:
………………………………………………………………………………….
…………………………………………………………………………………. Dated this…………………. day of …………………………………..20……. (f) ………………………………………………………………………………
(a) Here insert present name, address and description of Registered Proprietor or Registered User
(b) Insert the proposed change or description of registered proprietor or user.
(c) Strike out the words not applicable.
*Additional numbers may be given on a signed schedule on the back of the Form.
(d) Insert the proposal chan
(e) Here state the circumstances under which the change of name took place.
(f) Signature
2055
THE REPUBLIC OF UGANDA
Regulation 74 (2)
FORM TM 21
FEE:
THE TRADE MARKS ACT, 2010.
Application by Registered Proprietor of Trade Mark for the cancellation of Entry thereof in Register (Regulation 74(2))
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF Trade Mark No………………………………………. Class…………………………………………………………………………… Name of Registered Proprietor ………………………………………………..
…………………………………………………………………………………. Trade or business address …………………………………………………….. Description ……………………………………………………………………. Application is hereby made by ……………………………………………….. of (a) ……………………………………………………………………… (or by ……………………. a member of the firm of ……………………………..
……………………………………….of (a) …………………………………
on behalf of my said firm) ……………………………………………………
……………………………………………………………………………….. that the entry in the Register of Trade Marks of the Trade Mark No. …………
………………………… in class ……………………… may be cancelled. Dated this ………………………day of …………………….. 20………… (a) ………………..……………………………………………………
(b) Signature.
a) Here insert the trade or business address and descri ption of the applicant(s) or his (their) firm.
2056
THE REPUBLIC OF UGANDA
Regulation 74 (2)
FORM TM 22
FEE:
THE TRADE MARKS ACT, 2010.
Application by Registered Proprietor of Trade Mark to the Registrar to strike out Goods from those for which the Trade Mark is registered (Regulation 74(2))
(Section 37(1)(d) and regulations 75 and 76)
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF Trade Mark No………………………………………… Registered in class……..……………………………………………………… Name of Registered Proprietor ………………………………………………..
…………………………………………………………………………………. Trade or business address …………………………………………………….. Description ……………………………………………………………………. Application is hereby made by ……………………………………………….. of (a) …………………………………………………..………………............ (or by ………………………………………………………….……. a member of the firm of …………………………………………….……………………..
……………………………………………….…………………………………
on behalf of my said firm) ……………………………..………………………
……………………………………………………………………………….. for the striking out of (b)………………………………………….…………… from the goods for which the Trade Mark No…………………………………. is registered in Class ………………………………………………………….. Dated this ……………………day of ………………………….., 20…………
…………………………………………………………………………
Applicant
(a) Here insert the trade or business address and description of the applicant(s) or his (their) firm.
(b) Here designate the goods to be stuck out.
(c) Signature
2057
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Regulations 74(2) and 75
FORM TM-23
FEE:
Request by Registered Proprietor of a Trade Mark that a Disclaimer or Memorandum relating thereto may be registered. (Regulations 74(2) and 75)
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
Request is hereby made by (a) …………………………………………………
………………………………… of ………………………………………….
…………………………………………………………………………………. for the addition to the entry in the Register in connection with Trade Mark No. ……………………… in class ……………..…………. of the following
………………………………………………………………………………….
………………………………………………………………………………….
………………………………………………………………………………….
Dated this ……………… day of ……………………………………, 20…… (b) ………………………………………………….
Applicant
(a) Here insert the name, trade or business address and description of the Registered Proprietor.
(b) Signature.
2058
THE REPUBLIC OF UGANDA
Regulation 77(1)
FORM TM-24
FEE:
THE TRADE MARKS ACT, 2010.
Application by Registered Proprietor under section 91 for an addition to or alteration of a Registered Trade Mark.
(Regulation 77(1))
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF the Trade Mark No. ……………………………………
in Class ……………………………………………………………………… Application is hereby made by (a) …………………………………………….
………………………………… of ……………………………………………
…………………………………………………………………..… being the Registered Proprietor(s) of the registered Trade Mark numbered as above, that the Registrar shall add to it or alter it in the following particulars, that is to say
(b)……………………………………………………………………………..
*Four copies of the mark as it will appear when so altered are filed herewith
Dated this ……………………day of …………………………….., 20….. (c) ……………………………………………………………………………
(Applicant)
(a) Here insert name, trade or business address and descri ption.
(b) Here fill in full particulars.
(c) Signature.
2059
THE REPUBLIC OF UGANDA
Regulation 73(1)
FORM TM-25
FEE:
THE TRADE MARKS ACT, 2010.
Application to the Registrar for the Rectification of the Register or the
Removal of a Trade Mark from the Register.
(Regulation, 73(1))
(To be accompanied by a copy and a Statement of Case in duplicate)
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF the Trade Mark No. …………………………………… registered in the name of ……………………………………………………… in Class ……………………………………………………………………… I (We) (a) ……………………………………………………………………
…………………………………………………………………………………. hereby apply that the entry in the Register in respect of the above mentioned Trade Mark may be removed (b) rectified in the following manner …………
………………………………………………………………………………..
……………………………………………………………………………….. The grounds of my (our) application are as follows:- …………………………
………………………………………………………………………………….
…………………………………………………………………………………. No action concerning the Trade Mark in question is pending in the Court.
Address for Service in the Uganda Protection in these proceedings:
………………………………………………………………………………….
…………………………………………………………………………………. Dated this …………………day of ……………………………….., 20………
…………………………………………………………
Applicant.
(a) Here state full name and address.
(b) Strike out the word (or words) that is (are) not applicable.
(c) Signature.
2060
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Request for Registrar's Preliminary Advice as to distinctiveness or capability of distinguishing, by a person proposing to apply for the registration of a Trade Mark.
(Regulation 16 (2))
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
I (or We) (a) ………………………………………………………………….
………………………………………………………………………………..
…………………………………………………………………………………. hereby request the Registrar to advise me (or us) whether the Trade Mark
shown on the accompanying foolscap sheet* appears to him prima facie to be inherently adapted to distinguish or inherently capable of distinguishing my (or our) goods so as to comply with the requirements of section 10 of the Act for registration in Part A or Part B of the Register.
The goods in respect of which I (or We) propose to apply for registration of the said Trade Mark are (b) ………………………………..………………………
………………………………………………………………………………..
in Class (c) ………………………………..…………………………………… Dated this …………………day of ………………………………….., 20….. (d) ……………………………………………………………………………
(Applicant)
Note: If and when an application is made to register the trade mark, objection may arise if identical or resembling trade marks are found on the Register. A prior notification of any such relevant marks (if any are to be found) can be obtained by a request to the Registrar made on Form TM-No. 27 (Fee. UGX. ………………)
Regulation 16(2)
FORM TM-28
FEE:
(a) Here insert name and address in full.
* To be sent in duplicate
(b) Here specify the goods. Only goods included in one and the same class should be specified. A separate Form of Request is required for each class.
(c) Here insert the number of the class (if known). In case of doubt, the Registrar's direction may be obtained.
(d) Signature.
2061
THE REPUBLIC OF UGANDA
Regulation 62(1)
FORM TM-29
FEE:
THE TRADE MARKS ACT, 2010.
Application for the approval by the Registrar of an assignment or transmission of a registered Trade Mark before the appointed day, resulting in exclusive rights in different persons for different parts of Uganda. (Regulation 62(1))
(To be accompanied by a Standard of Case in duplicate and a Copy of the
Instrument effecting the Assignment or Transmission)
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF Trade Mark(s) No. (s) …………………………………. registered in the name of ……………………………………………………… in Class ……………………………………………………………………… Application is hereby made by (a) …………………………………………….
…………………………………………………………………………………. of………………………………………………………………………………. who claims that the above-mentioned registered Trade Mark(s) was (were) on the (b) ………………………….day of ……………………………….., 20….. (c) assigned (transmitted) to (c) him to (d) ……………………………………
…………………………………………………………………………………. of………………………………………………………………………………. (who was his predecessor in title) in respect of the following goods, namely
…………………………………………………………………………………. by or from (e) ………………………………………………………………….. (f) …………………………………………………………………………….
who was the registered proprietor of the said Trade Mark, in circumstances that are stated fully in the accompanying Statement of Case, for the approval by the Registrar of the aforesaid (c) assignment (transmission).
Dated this ……………………day of …………………………….., 20…… (f) ………………………………………………………………………………
(a) Insert here the name and trade or business address of the transferee who claims.
(b) Insert here the date which must precede the appointed day.
(c) Strike out the words that are not applicable.
(d) Insert here the name and trade or business address of the predecessor in title, if any.
(e) Insert here the name and trade or business address of the registered proprietor who assigned or transmitted.
(f) Signature
2062
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Request for General Certificate of a Registrar (including Certificate of Registration of a Trade Mark)
(Regulation 84)
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF * the Trade Mark(s) No….……………………………
registered in ……………………………………………………………………
…………………………………….in Class ………………………………* I (or We) …………………………………of…………………………………. hereby request the Registrar to furnish me (us) with (b) his certificate that (a) ……………………………………………………………………………..
…………………………………………………………………………………
………………………………………………………………………………… (b) a Certificate of Registration of the Trade Mark (b) for use in obtaining
registration abroad.
Dated this …………………..day of………………………………., 20……… (c) …………………………………………………………………………… (d) ……………………………………………………………………………
Extract from regulation 96: “Where a Certificate of Registration of a Trade Mark is desired for use in obtaining registration abroad, the Registrar … shall include in the certificate a copy of the mark and may require the applicant for the certificate to furnish him with a copy of the mark suitable for the purpose and, if the applicant fails to do so, may refuse to issue the certificate. The Registrar …may state in the certificate such particulars concerning the registration of the mark as to him may seem fit, and may omit there form reference to any disclaimers appearing in the register, but in the last-mentioned case the certificate shall be
marked: “For use in obtaining registration abroad only”.
2063
Regulation 84
FORM TM-30
FEE:
* These words may be varied to suit other cases
(a) Here set out the particulars which the Registrar is required to certify.
(b) Strike out words that are not applicable.
(c) Signature
(d) Address
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Application for registration of an Invented Word (or Words) in Part * of the Register as a Defensive Trade Mark (Regulation 41(1))
One representative to be fixed within this space, and *four others to be sent on separate forms TM-No.3
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
APPLICATION IS HEREBY MADE for registration in Part *……………..of the Register of the above word(s) as a Defensive Trade Mark in Class
……………... in respect of (a) ……………………………………………….
…………………………………………………………………………………
…………………………………………………………………………………
in the name of (b) …………………………………………………………….
…………………………………………………………………………………. of (c) …………………………………………………………………………
…………………………………………………………………………………. trading as (d) ………………………………………………………………….. who is (are) the proprietor(s) of the same Trade Mark registered in Class (e) …………………………………………………………………………….
………………………………………………………………………………… in respect of …………………………….under No…………………………… According to my (our) information and belief the word(s) is (are) invented. The particulars of the facts on which I (we) rely in support of this application are set forth in the accompanying Statement of Case (f).
Dated this …………………day of ……………………………….., 20………. (g) ……………………………………………………………………………
Regulation 41(1)
FORM TM-.31
FEE:
*Write distinctly here “A” or “B” according to the registration desired.
(a) Here specify the goods. Only goods included in one and the same class should be specified.
(b) Here insert legibly the full name, description and nationality of the individual, firm or body corporate making the application. The names of all partners must be given in full. If the applicant is a body corporate, the kind and country of origin should be stated.
(c) Here insert the full trade or business address of the applicant.
(d) Here insert the trading style (if any).
(e) Here insert particulars of the applicant’s registration of the Trade Mark.
(f) To be furnished in duplicate.
(g) Signature.
2064
Regulations 9(2),9(3),65(2), 70(1), 70(2),71(4)
71 (5) and 74(2)
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Form of Request to the Registrar by a Registered Proprietor or
a Registered User of a Trade Mark, or a person about to be so registered, to enter, alter or substitute an address for service as part of his registration. (Regulations 9(2), 9(3), 65(2),70(1),70(2)71(4),71(5) and 74(2).)
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
REQUEST IS MADE by (a) …………………………………………………
………………………………………………………………………………… who is about to be registered as (or) who is Registered (b) Proprietor (User) of Trade Mark(s) No………………………………………….……+ registered in Class ……………………………..for the (c) inclusion, addition, alteration or
substitution of an address for service in Uganda in or to the entry thereof so that the address for service in Uganda may read: (d) ……………………………..
……………………………………………………………………………….. Dated this …………………day of …………………………….., 20………… (e) ……………………………………………………………………………
NOTE: A Registered Proprietor or Registered User whose address for services in Uganda has been altered by a public authority so that the changed addressdesignates the same premises as before, may make also the statement for which there is provision on the back of the form in order to avoid payment of the fee.
NOTE: An application on Form TM-No.32 must be signed by the applicant for registration or the Registered Proprietor or Registered User, as the case may be, or by an agent expressly authorized by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.
FORM TM-.32
FEE:
(a) Here insert the full name and trade or business address of the person making the request.
(b) Strike out from the underlined words those that are not applicable and strike out one of the words “Proprietor” or “User” as may be the case.
+ A d d i t i o n a l numbers may be given in a signed schedule on the back of the form.
(c) Cancel words that are not applicable.
(d) State here the precise entry or changed entry desired.
(e) Signature.
2065
(For use only in case of an address for service changed by a public authority, without change of premises)
The change of address for the entry of which application is mad on the other
side of this form, was ordered by (a) …………………………………………..
……………………………………………………………………………….. on the ………………………….day of………………………………, 20…… Dated this………………………day of………………………………, 20….. (b)…………………………………………………………..
____________________________________________________________ NOTE: If the above statement be made, and a certificate of the alteration given by the named authority be supplied, the Registrar, if satisfied as to the
facts of the case, will not require a free to be paid. (See regulation 71)
(a) Here insert the name of the public authority ordering the change and the date thereof.
(b) Signature of the Registered Proprietor or Registered User as the case may be.
2066
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010. REGULATIONS FOR GOVERNING THE USE OF
CERTIFICATION MARK (Regulation 42(2))
Certification Mark No. ……………. in Class ………………….in respect of
………………………………………………………………………………….
………………………………………………………………………………….
.
(For Official Use)
Advertised in the Uganda Gazette Vol. …………… at page …………. On the ……………… day of ………………………………20 ……………… (Date of Application and Registration ……………………………….
Regulation 42(2)
FORM TM-33
(a) Here specify the goods of the registration.
2067
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
REQUEST FOR THE CONSENT OF THE REGISTRAR TO ALTER THE DEPOSITED REGULATIONS
FOR USE OF A CERTIFICATION MARK (Regulation 79(1))
Application is hereby made by (a) ……………………………………………
………………………………………………………………………………….
…………………………………………………………………………………. who is (or are) the Proprietor(s) of the Certification mark(s) No. (b)……………………………………………………………………………. Registered in Class …………… in respect of (c) …………………………….
…………………………………………………………………………………
That the deposited Regulations for governing the use of the Mark may be altered in the manner shown in red in the accompanying copies (d) of the regulation as proposed to be altered, and for the consent of the Registrar to such alteration.
Dated this …………………..day of ……………………………..20 ……… (e)…………………………………………………………………………….
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
*Additional number and specification may be given in a signed schedule on the back of the form.
Regulation 79(1)
FORM TM-34
FEE:
(a) Here insert name and address of the proprietor(s) as registered
(b) If the same Regulation apply to more than one registration, the number of the registration should be stated.
(c) Here state the specification of the respective registration.
(d) Three copies should be furnished.
(e) Signature
2068
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Application to the court for an order expunging or varying an entry in the register relating to a certification Trade Mark
or varying the deposited regulations.
(Regulation 88)
(To be accompanied by a copy and a statement of Case in duplicate)
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN THE MATTER OF Certification Trade Mark No. …………………. registered in the name of …………………………… in Class ……………… I (We) (a) …………………………………………………………………..
…………………………………………………………………………………
being an aggrieved person(s) hereby apply for an order of the Court that:
1.(b) the entry in the Register in respect of the above mentioned Trade Mark may be (c) expunged/varied in the following manner……………………….
…………………………………………………………………………………. The ground of my (our) application are as follows: …………………………
………………………………………………………………………………… Address for service in Uganda in these proceedings: ………………………
…………………………………………………………………………………
Dated this ……………..day of ……………………………………20 ………. (d) ……………………………………………………………………………..
(Applicant)
Regulation 88
FORM TM-35
FEE:
(a) Here state full name and address.
(b) Strike out either paragraph that is not applicable.
(c) Strike out one of these words.
(d) Signature.
2069
To be filed on triplicate
THE REPUBLIC OF UGANDA
Regulation 42(6)
FORM TM-36
FEE:
THE TRADE MARKS ACT, 2010.
Notice to the Registrar of Opposition to an application for registration of Certification Trade Mark. (Regulation 42 (6))
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
IN MATTER OF an application No. …………………………………. by
……………………………………………………………………………… of
……………………………………………………………………………… I (or We) (a)
………………………………………………………………………………..
…………………………………………… hereby give notice of my (or our) intention to oppose the registration of the Certification Trade Mark advertised under the above number for class ………………… in Uganda Gazette of the
……………day of …………..… 20………Vol. …………page …………….
The ground of opposite are as follows:
(b) ……………………………………………………………………………..
……………………………………………………………………………….
………………………………………………………………………………..
………………………………………………………………………………… Address for service in Uganda in these proceedings: ………………….
………………………………………………………………………………… Dated this ………………day of ………………………………20 ………
(c)…………………………………………………………………………
(a) Here state full name and address.
(b) The grounds should be limited to matters referred to
in sub-paragraph (1)
of paragraph 2 of
the First Schedule to the Ordinance.
(c) Signature.
2070
Regulation 42(6)
FORM TM-37
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Form of Counter-Statement in reply to Notice to the Registrar of Opposition to an Application for registration of a Certification Trade Mark. (Regulation 42(6))
IN MATTER OF an Opposition No. …………………… to application for registration of Certification trade Mark No. ………………………………… I (or We) (a) ………………………………………………………………..
the applicant(s) for registration of the above-numbered Certification Trade Mark hereby give notice that the following are the ground on which I (or we) rely as supporting my (or our) application:
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
I (or We) admit the following allegations in the notice of Opposition:
………………………………………………………………………………… Address for service in Uganda in these proceedings: ……………………
…………………………………………………………………………………
Dated this ……………………day of ………………………20 ………… (a)…………………………………………………………………………
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
FEE:
(a) Signature.
2071
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Hearing by the Registrar of an Opposition to an Application for registration of a Certification Trade mark. (Regulation 42 (6))
NOTICE OF ATTENDANCE AT HEARING.
I (or we) (a)………………………………………………………………. of ……………………………………………………………………………… hereby give notice that the Hearing by the Registrar of the argument in the case of Opposition No. ………………… to Application No……………………….. for the registration of a Certification Trade mark, which by the Registrar’s Notice to me (or us) dated the ………. day of ……………………20………..is fixed for ……………………… am or pm at the registrar’s office on the
…………………..day of ……………………………20 ………………..will be attended by me (or us) or by some person on my (or our) behalf.
Dated this ………………day of ……………………………..20 …..…… (b)……………………………………………………………………………… (c)……………………………………………………………………………
………………………………………………………………………………….
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
Regulation 42(6)
FORM TM-38
FEE:
(a) Here insert name and address
(b) Signature
(c) Address
2072
THE REPUBLIC OF UGANDA
Regulation 62(1)
FORM TM-39
FEE:
THE TRADE MARKS ACT, 2010.
Application for the Certificate of the Registrar with reference to a Proposed
Assignment of a Registered Trade Mark.
(Regulation 62(1))
(To be accompanied by a Statement of Case in duplicate and a copy of the proposed assignment)
IN THE MATTER OF Trade Mark(s) No. (s) ……..……registered in the name of ………………………..………………………………………….. in Class (es) ……………………………………………………………………….
………………………………………………………………………………..
Application is hereby made by (a)……………………………………….. of ……………………………………………………………………………. being the Registrar’s Certificate under section 31 (6) with reference to a proposed assignment of the registered trade mark(s) No.(s) …………………..
………………………… to (b)………………………………………………
………………………………………………………………………………. of …………………………………………………………………………… in circumstances that are fully in the accompanying Statement of Case.
Dated this …………………day of …………………………..20 ……… (c)………………………………………………………………………………
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala
(a) Here insert the name and trade business address of the Registered Proprietor.
(b) Here insert the name and trade business address of the proposed assignee.
(c) Signature
2073
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010.
Application for the approval by the Registrar of a proposed Assignment, or of a Transmission (on or after the appointed day) of a Trade Mark, resulting in exclusive rights in different person for different parts of Uganda. (Regulation 62(1))
(To be accompanied by a Statement of Case in duplicate and a copy of the Instrument proposed for the Assignment or effecting the Transmission)
IN THE MATTER OF Trade Mark(s) No(s) ………………………………….
*Registered under No(s)………………..……………………………………… in Class (es) ………………………………………………………………….. the property of……………………………………………………………….. Application is hereby made by :
(a)………………………………………………………………………………
of ……………………………………………………………………………... the proprietor of the Trade Mark(s) shown in the accompany Statement
Case (b) (used by him) in respect of the following goods …………………....... for the approval by the registrar of a Proposed Assignment of the Trade Mark(s) to (c)…………………………………………………………………
…….…………………… of …….…………………………………………… in respect of the following goods………………………………………………. to be sold or otherwise traded in (d)……………………………………………
……………………………. (and to (c)………………………………………
…………………………………………………………………………………. of…………………………………………………………………………… in respect of the following goods………………………………………………
………………………………………………..+ to be sold or otherwise traded in (d) …………………. …………………………...) in circumstance that are stated fully in the accompanying Statement of Case .
(e)………………………………………………………………………….
Regulation 62(1)
FORM TM-40
FEE:
*To be struck out in the case of un registered Trade Marks.
Strike out either Paragraph (1) or paragraph (2)
(a)Insert here the name and address of the proprietor.
(b)Strike out either if not applicable.
(c)Insert here the names and trade or business of the proposed assignee or assignees.
(d)Insert the name of the place in Uganda.
Strike out the bracketed passage if not required.
(e)Here insert the name and trade or business address of the
2074
Case was (were) in respect of the following goods, namely……………………
………………………………………………………………………………..
……………………………………………………………………………… and on the (f) …………………..day of ……………………………20……… transmitted to (g) him (to(h) ………………………………………………….
……………………………………………………………………………….. of ……………………………………………………………………………… by whom the Trade Mark was then used in respect of the following goods namely ..…………………………………………………………………….all in circumstance that are stated fully in the accompanying statement of Case, for the approval by the Registrar of the aforesaid Transmission.
Dated the ……………………….day of…………………..20 …………….. (j)……………………………………………………………………………
To: Registrar of Trade Marks, P.O. Box 6848,
Kampala.
(f)Insert here the date of the Transmission which must no proceed the appointed day.
(g)Strike out the words that are not applicable.
(h)Insert here the name and trade or address of the predecessor in title if any.
(i)Insert here the name address of the person who transmitted.
(j) Signature
2075
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
Application to the Registrar for Direction for the Advertisement of an Assignment of Trade Marks otherwise than in connection with the goodwill of the business
(Regulation 63(1))
APPLICATION IS HEREBY MADE by (a)…………………………………
……………………………………………………………………………… of
………………………………………………………………………………… for the Registrar’s direction with respect to the advertisement of an assignment to him/them of the following Trade Marks otherwise than in connection with the goodwill of the business in which they were need at the time of assignment namely:
Registered Trade Marks:
Registration Number Class Goods in respect of which the mark has
been used and is assigned
All of which are or were registered in the name of ((b)……..…………….
…………………………………………………………..who is the assigned. Unregistered Trade Marks (c) all being marks used in his business at the time of the assignment in respect of the goods stated below by (b) ………………
……………………………………………………………………………… of
…………………………………………………………………………………
who is the assignor:
Representation of Mark
Goods in respect of which the work has
been used and it assigned
The date of assignment was the ………day of………………………20…..
Regulation63(1)
FORM TM-41
FEE:
(a)Here insert full name, trade of business address of the assignee ( applicant)
(b) Here insert full name, trade of business address of the proprietor (assignor)
(c) Only those u n r e g i s t e r e d trademarks passing by the one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered may be stated here
2076
It is assigned that advertisement shall be directed as follows, namely in
…………………………………………………………………………………
…… …………………………………………………………………………… Additional marks and numbers may be given in a signed schedule on the back of the form.
Dated the ………………………day of…………………..20……. (d)Signature
(d) ……………………………………………………………………………
To: The Registrar of Trade Marks, P.O Box 6848,
Kampala.
2077
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
Application for Extension of time in which to apply for the Registrar’s direction for the advertisement of an assignment of the Trade Marks otherwise than in connection with the goodwill of the business (Regulation 63(4))
APPLICATION IS HEREBY MADE by (a)………………………………….
……………………………………………………………………………… of……………………………………………………………………………… for extension of time of (b) ………………………………..month (s) in which to apply for the Registrar’s direction for the advertisement of an assignment
to him/them of the following Trade Marks otherwise than in connection with the goodwill of the business in which they were used at the time of assignment namely:
1) Registered Trade Marks:
Registration Number Class Goods in respect of which the mark has been used and it assigned
all of which are or were registered in the name of (c)……..……………….
…………………………………………………………………………………
…………………………………..of…………………………………………
…………………………………………………………..who is the assigned. Unregistered Trade Marks: all being marks used in his business at the time of the assignment in respect of the goods stated below by (d) ………………….
……………………………………of…………………………………………
…………………………………… who is the assignor:
Representation of Markk Goods in respect of which the work has been used and it assigned
Regulation 63(4)
FORM TM-42
FEE:
(a)Here insert the name and trade or business address of the assignee (applicant).
(b)Here insert “ one”
or “two” or “three”
(c)Here insert the name and trade of business address of the proprietor (assignor).
2078
The date of assignment was the …………day of……………………20….. Additional marks and numbers may be given in a signed schedule on the back of the form.
Dated the …………………………………day of…………………..20…….
(d) ……………………………………………………………………………. (d)Signature
To: The Registrar of Trade Marks, P.O Box 6848,
Kampala.
2079
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
NOTICE OF OPPOSITION TO APPLICATION FOR ADDITION TO OR ALTERATION OF A REGISTERED TRADE MARK (Regulation 77(3))
IN THE MATTER OF the Trade Mark No. …………………registered in the name of ……………………………………………………………………. In Class ……………………………………………………………………… I (or We) (a) ………………………………………………………………..
………………………………………………………………………………….
hereby give notice of my (or Our) intention to oppose the addition to or alteration of the Trade Mark numbered and registered as above, so that it shall be in the form shown in the application advertised in the Uganda Gazette of
the …… day of ……………………………… 20 ….. Vol. ……. Page ……….
The grounds of opposition are as follows:
………………………………………………………………………………...
………………………………………………………………………………...
………………………………………………………………………………...
………………………………………………………………………………...
Address for service in Uganda in these proceedings:
………………………………………………………………………………...
………………………………………………………………………………...
Dated the ……………. day of ……………………………20…….
To The Registrar of Trade Marks, P.O Box 6848,
Kampala.
Regulation 77(3)
FORM TM- 45
FEE:
(a) Here state full name and address
2080
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
Notice of Order of Court for Alteration or Rectification of
Register of Trade Marks
(Regulation 92(1))
IN THE MATTER OF the Trade Mark No. ……………………………. registered in Class …………………… in the name of ……………...………
………………………………………………………………………………...
Notice is hereby given to the Registrar that, by an Order of the Court made on the ………………….. day of ………………………..20 …………. It was directed that ………………………………………………………………
………………………………………………………………………………...
………………………………………………………………………………...
………………………………………………………………………………...
An Office Copy of the Order of the Court is enclosed herewith.
Dated this ……………….. day of …………………………….20………
*……………………………………………………….
To: The Registrar of Trade Marks, P.O Box 6848,
Kampala.
Regulation 92(1)
FORM TM-46
FEE:
*To be signed by
the person interested or his agent
2081
THE REPUBLIC OF UGANDA
Regulation 76(1)
FORM TM- 47
FEE:
THE TRADE MARKS ACT, 2010
Request to the Registrar for Entry on the Register and advertisement of a note of a Certificate of Validity by the Court (Regulation 76(1))
IN THE MATTER OF Trade Mark(s) No.(s) ……………………………. Registered in Class …………………….. in the name of ……………………
………………………………………………………………………………... I (or We) (a) …………………………………………………………………..
………………………………………………………………………………...
…………………………………………………………………………………. hereby request the Registrar to add the above-numbered entry (ies) of a Trade Mark in the Register, and to advertise in the Uganda Gazette a note that in.
(b)……………………………………………………………………………
………………………………………………………………………………….
. the Court certified that the validity of the said registration(s) came into question and decided in favour of the Proprietor of the Trade Mark in the terms of the accompanying office copy of the Certificate of Validity.
Dated this ……………….day of ………………………….20 …… (c)………………………………………………………………………….
To The Registrar of Trade Marks, P.O. Box 6848,
Kampala.
.
(a) Here state the name and address of the Registered praetor.
(b) Here state the nature of the proceedings with the names of the parties to them, in which
the corticated was given.
(c) Signature.
2082
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
APPLICATION FOR REGISTRATION OF REGISTERED USER
(Regulation 64)
To be accompanied by a statement of Case giving particular and stating as required by section 49, verified by a statutory development made by the proprietor by we person authorized to act on behalf and approved by the Registrar.
APPLICATION TO HEREBY MADE by (a)…………………………………
………………………………………………………………………………….
…………………………………………………………………………………. Who is ( or we) the Registered Proprietor (s) of Trade Mark (s) No(s)…….
………………………….. registered in Class …………………in respect of
(b)…………………………..that (c)………………………………………….
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
of (d)…………………………………………………………………………..
…………………………………trading as (e)………………………………..
……………………………………………………………………………….. who hereby joins in the application, may be registered as a Registered User of the above –numbered Registered Trade Mark(s) in respect of (f)………..
…………………………………………………………………………………
subject to the following conditions or restriction: (g)…………………………
………………………………………………………………………………… (h) The proposed permitted use is to end on the……………………………… day of ……………………………………..20…….. The proposed permitted use is without limit of period. (i)………………………………………………………………………………
To: The Registrar of Trade Marks, P.O.Box 6848,
Kampala.
Regulation 64
FORM TM- 48
FEE:
(a) Here insert full name, trade of business address and description of the registered proprietor.
*Additional numbers may be given in a signed schedule on the back of the form.
(b) Here insert the
specification in the
Register.
(c) Here insert the full name, description and nationality of an individual………… Corporate proposed on the register. The names of all partners in the firm must be given in full. In the case of a body corporate brief particulars of the kind and country of incorporation should be stated.
(d) Here insert the full trade of business address of the proposed registered user.
(e) Here insert trading style if any.
(f) Here insert designation of goods (which must be comprised within the specification)
(g)Write “none” if there are no conditions or restrictions.
(h) Strike put the words that are not applicable.
(i) Signature
2083
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT 2010
Application by the Registered Proprietor of a Trade mark for variation of the registration of a Registered User thereof with regard to the goods or conditions or restrictions.
( Regulation 66)
(To be accompanied by a statement of the Grounds for the application and the written content (if given) of the Registered User)
APPLICATION TO HEREBY MADE by
(a)……………………………………………………………………………..
……………………………………………………………………………….. the Proprietor (s) of Trade Mark (s) No(s)……………………………………
*registered in Class …………in respect of (b) ……………………………..
…………………………………………………………………………………
that the registration of (c)……………………………………………………
………………………………………………………………………………….
……………………………………………………………………………….. as a Registered User of the above – numbered trade mark(s) in respect of (d)
………………………………………………………………………………..
……………………………………………………………………………….... may be varied in the following manner: (e) ……………………………..…
…………………………………………………………………………………. Dated the ……………….day of………………………………..20………… (f) ……………………………………………………………………………
To: The Registrar of Trade Marks, P.O.Box 6848,
Kampala.
Regulation 66
FORM TM- 49
FEE:
(a)Here insert full name, description and trade of business address of the registered proprietor.
* A d d i t i o n a l numbers may be given in a signed schedule on the back of the form.
(b) Here insert the specification in the Register.
(c) Here insert full name, description and trade or business address of the registered User.
(d) Here insert the goods in respect of which the user is registered.
(e) Here state in terms the manner in which it requested that the entry should be varied.
(f) Signature
2084
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT,2010
Application by the Registered Proprietor of a trade Mark or by any of the Registered Users of the Trade Mark for the cancellation of entry of a Registered User thereof (Regulation 67)
(To be accompanied by a Statement of the Grounds for the application)
APPLICATION TO HEREBY MADE by
(a)………………………………………….…………………………………
………………………………………………….….…………………………
……………………………………….. being (b) the Registered Proprietor (a Registered User) of Trade Mark(s) No………. ……………………………… Registered in Class …………………………………………...in respect of (c)
…………………………………………………………………………………
…………………………………………………..……………………………
……………………………………………………………………… for the cancellation of the entry under the above- mentioned registration (s) of (d)…………………………………………………………………………….
………………………………………………………………………………… as a Registered User of the trade mark (s) in respect of (e)………………………………………………………………………………
…………………………………………………………………………………. Dated this …………… day of …………………………………20………… (f) …………………………………………………………………………….
…………………………………………………………………………………
To: The Registrar of Trademarks, P.O.Box 6848,
Kampala.
Regulation 67
FORM TM-50
FEE:
(a)Here insert full name, description and trade or business address of the applicant(s).
(b) Strike put the words that are not applicable.
* A d d i t i o n a l numbers may be given in a signed schedule on the back of the form.
(c) Here insert the specification in the Register.
(d) Here insert full name, description and trade of business address of the registered user whose entry is sought to be cancelled.
(e) Here insert goods in respect of which that registered user is entered.
(f) Signature.
2085
THE REPUBLIC OF UGANDA
THE TRADE MARKS ACT, 2010
Application for cancellation of Entry of a Registered User of a Trade mark
(Regulation 68)
(To accompanied by a statement of the Grounds for the application)
IN THE MATTER OF Trade Mark(s) No.(s)…………………………………
registered in Class………………………in the name of (a)………………….
………………………………………………………………………………… Application is hereby made by (b)…………………………………………….
…………………………………………………………………………………
whose address for service in Uganda in these proceedings is…………………
………………………………………………………………………………… for the cancellation of the entry under the above-mentioned registration of (c)……… ……………………………………………………………………. as the registered user thereof in respect of (d) ………………………………
…………………………………………………………………………………
…………………………………………………………………………………. The grounds of this application, particular of which given in detail in the accompanying statement of case are (e)…………………………………….
…………………………………………………………………………………
………………………………………………………………………………… Dated this ………………day of …………………………….20…….. (f)………………………………………………………………………………
To: The Registrar of Trade Marks, P.O.Box 6848,
Kampala.
Regulation 68
FORM TM-51
FEE:
* A d d i t i o n a l numbers may be given in a signed schedule on the back of the form.
(a) Here insert full name, description and trade or business address of the registered proprietor as entered in the register.
(b) Here insert the name and address of the applicant for cancellation.
(c) Here insert full name, description and trade or business address of the registered User as entered in the register.
(d) Here insert goods in respect of which that registered user is entered.
(e) Here insert one or more of the subparagraphs of paragraph (c) of section 31 (8) numbered (i), (ii), (iii).
(f) Signature
2086
THE REPUBLIC OF UGANDA
Regulation 69(2)
FORM TM-52
FEE:
THE TRADE MARKS ACT, 2010
Notice to the Registrar of intention to intervene in proceedings for the variation or cancellation of an entry of a Registered Upper of a Trade Mark.
(Regulation 69(2))
(To be accompanied by a statement of the grounds for intervention)
IN THE MATTER OF Trade Mark(s) No.(s)…………………………………
registered in Class………………………in the name of (a)…………………
………………………………………………………………………………… And
IN THE MATTER OF a registration of
(b)………………………………….…..………………………………………
…… ……………………………thereunder as a Registered User of the Mark. In reply to the Registrar’s Notification, dated the …………………… day of
………………………………20……….notice is hereby given of my intention to intervene in the proceedings in the above matter.
My address for service in Uganda for the purpose of these proceedings is:
…………………………………………………………………………………
………………………………………………………………………………. Dated the ………………… day of …………………………….20………….. (c)……………………………………………………………………………...
To: The Registrar of Trade Marks, P.O.Box 6848,
Kampala.
(a) Insert the name of the Registered proprietor.
(b) Insert here the name and trade or business address of the Registered User.
(c) Signature
2087
THIRD SCHEDULE
CLASSIFICATION OF GOOD AND SERVICES
Regulation 12
GOODS
Class 1 k Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry
Class 2 k Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists
Class 3 k Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
Class 4 k Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions;
fuels (including motor spirit) and illuminants; candles and wicks for lighting
Class 5 k Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
Class 6 k Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7 k Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
Class 8k Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9 k Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus
Class 10 k Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
Class 11 k Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
2088
Class 12 k Vehicles; apparatus for locomotion by land, air or water
Class 13 k Firearms; ammunition and projectiles; explosives; fireworks.
Class 14 k Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.
Class 15k Musical instruments
Class 16k Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks
Class 17k Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18k Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19 k Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
Class 20 k Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21 k Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22 k Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials
Class 23k Yarns and threads, for textile use
Class 24 k Textiles and textile goods, not included in other classes; bed and table covers
Class 25k Clothing, footwear, headgear
Class 26k Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles;
artificial flowers
Class 27k Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)
2089
Class 28 |
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees |
Class 29 |
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats |
Class 30 |
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice |
Class 31 |
Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt |
Class 32 |
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages |
Class 33 |
Alcoholic beverages (except beers) |
Class 34 |
Tobacco; smokers’ articles; matches |
SERVICES |
|
Class 35 |
Advertising; business management; business administration; office functions |
Class 36 |
Insurance; financial affairs; monetary affairs; real estate affairs |
Class 37 |
Building construction; repair; installation services |
Class 38 |
Telecommunications |
Class 39 |
Transport; packaging and storage of goods; travel arrangement |
Class 40 |
Treatment of materials |
Class 41 |
Education; providing of training; entertainment; sporting and cultural activities |
Class 42 |
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software |
Class 43 |
Services for providing food and drink; temporary accommodation |
Class 44 |
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services |
Class 45 |
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals |
HON. DR. E KHIDDU-MAKUBUYA (MP)
Minister of Justice and Constitutional Affairs.
2090