advertisement in the gazette and such notice shall be in writing as per Section 12 (2) and
Regulation 28 (1) of the Trademark regulations.
Section 2 of the Trademark Regulations 2012 defines an “agent” to mean advocate of
the High Court of Uganda;
Section 10(1) of the Trademark Regulations 2012 states 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.
As it has been stated in the opposition’s pleadings, the law does not specify that the party
opposing must be within the country as it is suggested by the applicant in their reply to
the opposition.
Regulation 80 empowers the registrar to extend time for an opponent to file their
objection if the registrar is satisfied that there is justified reason for extension of time.
Therefore, section 25 prohibits the registrar from registering identical trademarks. It is
important to note that on 12 .12. 2016 the opponent requested for an extension of time
within which to file a notice of opposition which was granted on 10, 2.2017 and the notice
of opposition filed on 13.2.2017.
Section 44 (3) of the Trademarks Act 2010 gives a list of requirements that must be in
place if a foreign trademark is to be given protection and recognition in Uganda. It is a
requirement for the foreign trademark owner to apply to be registered in Uganda within
three months from the date of an objection.
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