intellectual property

Intellectual property

When counterfeiting occurs or when goods or productions are copied and sold without our clients’ express permission, we will seek to protect our client’s by taking protective measures including cease and desist letters, injunctions, interim restraining orders and litigation/administrative orders against infringement. Initially, we will explore alternative dispute resolution-negotiations, mediation, and arbitration where they fail, we will file suit in court. When litigation is necessary, we work as a team to effectively enforce our client’s rights.

Our trademark department has experienced lawyers and trademark agents who are experienced in filing and prosecuting trademark applications in Uganda and internationally through a network of experienced foreign law firms and associates.

On the advisory front, our firm handles trademark search, due diligence and clearance projects and advises clients on a broad range of issues. We assist clients to secure, protect, preserve, restore, and renew their trademark rights in Uganda. We actively protect and enforce those rights through instituting and maintaining suits in courts and before administrative tribunals.

The firm’s lawyers have extensive experience before the Courts of Judicature of Uganda and the Uganda Registration Services Bureau (URSB). Magezi, Ibale & Co. Advocates has represented trademark owners in litigation, infringement and passing off actions, anti-counterfeiting, licensing disputes, oppositions, and objections to trademark applications.

Our lawyers represent clients in administrative and judicial proceedings in establishing and enforcing or challenging trademark rights, including dilution claims. We also represent clients in passing off, trade dress and unfair competition matters under Common Law, Trademark Laws, and the Penal Code Act.

In addition, our lawyers have represented clients in connection with certification mark disputes and other disputes arising under Uganda trademark laws. We monitor the Uganda Registration Services Bureau (URSB) and the Uganda Gazette (the Official Gazette) published weekly by the Uganda Printing  & Publication Corporation (UPPC), promptly notify our clients of the publication of potentially conflicting trademarks and will oppose them if authorized by the clients. We actively monitor the electronic and other press for unauthorized uses of client’s trademarks.

Obtaining Trademark Registrations: We regularly assist clients in obtaining and maintaining registered trademarks, including conducting all necessary searches, filing applications, preparing and filing necessary affidavits and renewal applications, defending opposition proceedings and handling other matters that may arise before the Trademark Office and international trademark offices.

Trademark Litigation: Our attorneys have over 25 years’ experience in handling trademark, service mark, trade name litigation in the courts. We work closely with associates in other countries in foreign trademark litigation. Searching and selecting trademarks: We advise our clients to carefully search, select and clear word marks and logos. This includes obtaining searches of registrations and usage related to proposed marks and advising as to the likelihood of registrability and opposition or objection by third parties.

Harnessing Trademarks: Our attorneys are experienced in working with clients to harness, benefit, take advantage of and make use of trademarks, especially through drafting and negotiating trademark licenses, assignments, and related marketing agreements. Unfair Competition: We litigate and provide pre-litigation  preventative and enforcement advice involving proceedings before administrative authorities and the courts.

Our attorneys have also handled disputes under Customs Laws. This has enabled clients to obtain prompt relief from infringement in importation. The firm’s trademark attorneys prepare and prosecute applications before our National Trademark Office, draft assignment and licensing agreements, and litigate before the Uganda Registration Services Bureau and Courts of Judicature.

In addition, the firm assists clients in obtaining and enforcing trademark rights in other countries and in obtaining Uganda Revenue Authority Customs Department protection against infringing imports and exports. Our trademark practice is pro-active, efficient, cost effective, extensive, and diverse.