How to File a Trademark Infringement Suit in Uganda (2026): Step‑by‑step

Understanding how to file a trademark infringement suit in Uganda is essential for any brand owner, in‑house counsel or IP manager facing unauthorised use of a registered or well‑known mark in the Ugandan market. The Trademarks Act, 2010 provides the statutory foundation for civil enforcement, while the High Court, and, increasingly in 2026, the Commercial Court, serves as the court of first instance for infringement and passing‑off claims. This guide sets out the complete trademark infringement procedure in Uganda: eligibility, pre‑action steps, the plaint‑filing process, interim injunction applications, required documents, the litigation timeline, and realistic costs. It reflects 2026 practice developments, including expanded Commercial Court listings that are reshaping how IP disputes are managed and decided.

Overview of the Trademark Infringement Process in Uganda

Under Section 35 of the Trademarks Act, 2010, infringement occurs when a person who is not the registered owner, and is not authorised by the owner, uses a mark identical or deceptively similar to a registered trademark on the same or similar goods or services for which the mark is registered. The statute also addresses the use of marks that are likely to cause confusion, deception, or dilution of a well‑known mark.

A related but distinct cause of action is the tort of passing off, which protects unregistered goodwill. The High Court has confirmed that a passing‑off lawsuit can be filed and adjudicated at the same time as a statutory infringement claim, giving plaintiffs the option to pursue both causes of action in a single suit.

Successful claimants may obtain a range of remedies: interim and final injunctions, damages, an account of profits, delivery up or destruction of infringing goods, and an award of costs.

Key Statutory References

The principal provisions are found in the Trademarks Act, 2010: Section 35 (definition of infringement), Section 36 (acts not constituting infringement), and Section 47 (powers of the court to grant relief including injunctions, damages, and delivery up). The Civil Procedure Act and the Civil Procedure Rules govern pleading requirements, service, and interim applications.

Administrative URSB Remedies vs Civil Litigation

The Uganda Registration Services Bureau (URSB) handles opposition and cancellation proceedings at the administrative level. These proceedings are appropriate when challenging the validity of a registration or opposing a pending application. Civil litigation in the High Court or Commercial Court is the correct route where the objective is to stop ongoing infringement, recover damages, or obtain urgent injunctive relief. In many cases, a proprietor may pursue both tracks simultaneously, for example, applying to cancel a bad‑faith registration at the URSB while suing the registrant for infringement in court.

Eligibility and Prerequisites for Filing a Trademark Infringement Suit in Uganda

Standing and Proof

The following persons have standing to institute a trademark infringement suit:

• Registered proprietor. The holder of a valid URSB trademark certificate is the primary claimant. A certified copy of the certificate is essential evidence.
• Exclusive licensee. An exclusive licensee may sue with the proprietor’s permission, or join the proprietor as a party.
• Unregistered rights holder. A person with established goodwill in an unregistered mark may bring a passing‑off action, supported by evidence of prior use, reputation, and customer confusion.

Pre‑Action Protocols

Before filing suit, prudent practitioners typically complete the following requirements:

• Trademark search. Conduct a search at the URSB and, where relevant, through WIPO databases to confirm registration status and identify any conflicting marks.
• Cease and desist letter. A formal letter demanding that the infringer stop using the mark. While not legally mandatory, this step is useful for demonstrating good faith and can reduce costs if the matter settles early.
• Evidence preservation. Gather and preserve evidence of the infringement, photographs, purchase receipts, screenshots of online listings, product samples, and witness statements. Evidence can deteriorate or be destroyed, so speed is critical.
• Consider ADR. Mediation or negotiation may resolve the dispute without litigation, but should not delay filing where urgent relief is needed.

Step‑by‑Step Procedure: How to File a Trademark Infringement Suit in Uganda

The following numbered steps form the court playbook for the trademark infringement procedure in Uganda. Each step identifies who is responsible, what is filed, and the typical duration.

Step 1: Evidence Gathering and Preservation

Begin by assembling a comprehensive evidence file. This is the foundation of the entire case and directly affects the strength of any interim injunction application. Key evidence items include:

• Product samples. Purchase infringing goods from the market and retain receipts showing date, location, and price.
• Photographs and videos. Document infringing signage, packaging, and point‑of‑sale displays.
• Online evidence. Take timestamped screenshots of websites, social media pages, and e‑commerce listings. Use web archiving tools where possible.
• Invoices and sales data. Obtain records that show the scale of the infringement and its impact on the plaintiff’s market.
• Customer complaints. Collect statements or correspondence from customers who were confused by the infringing mark.
• Private investigator reports. In complex cases, engage investigators to conduct test purchases and document the supply chain.

Preserve all evidence with a clear chain of custody. Mark, date, and securely store physical samples.

Step 2: Pre‑Action Correspondence and Cease and Desist

Draft and send a formal cease and desist letter to the alleged infringer. The letter should identify the registered trademark (by registration number), describe the infringing conduct, demand that the infringer cease all use within a stated period (typically 7–14 days), and warn that court proceedings will follow if the demand is not met. Keep a copy of the letter and proof of delivery. If the infringer responds or proposes settlement, document all communications. Where urgent relief is needed, for example, because counterfeits are flooding the market, the cease and desist period may be shortened, or the letter may be sent concurrently with the filing of the plaint.

Step 3: Drafting and Filing the Plaint

The plaint is the formal document that institutes the suit. It must comply with the Civil Procedure Rules and include the following elements:

1. Full names and addresses of the plaintiff and defendant.
2. A statement of the court’s jurisdiction (High Court or Commercial Court).
3. Particulars of the plaintiff’s trademark rights, registration number, date, classes, and goods or services covered.
4. Particulars of the infringement, the specific acts complained of, referencing Section 35 of the Trademarks Act, 2010.
5. A claim for passing off (if applicable), setting out goodwill, misrepresentation, and damage.
6. The relief sought, injunction, damages or account of profits, delivery up, costs.

A verifying affidavit must accompany the plaint. The affidavit is sworn by the plaintiff (or an authorised officer) and annexes the exhibits: the trademark certificate, evidence of infringement, market evidence, and the cease and desist correspondence. File the plaint at the High Court registry and pay the prescribed filing fee. If the dispute is commercial in nature, consider filing directly on the Commercial Court list, which in 2026 offers faster case management for IP matters.

Step 4: Interim Injunction, Application, Evidence, and the Court’s Test

An interim injunction is the most powerful tool in trademark litigation. It orders the defendant to stop using the infringing mark before trial. The application may be filed together with the plaint or immediately afterwards. Two routes are available:

• Ex parte application. Filed without notice to the defendant. Used in cases of extreme urgency, for example, where the defendant is likely to destroy evidence or where the infringing goods are perishable. The plaintiff must file an affidavit of urgency explaining why notice was not given and must undertake to serve the defendant promptly after the order is granted.
• Inter partes application. Filed on notice. The defendant is served and given an opportunity to respond before the hearing.

The court applies a well‑established three‑part test when deciding whether to grant interim injunctive relief:

1. Prima facie case. The plaintiff must demonstrate a genuine triable issue, that the registered mark is valid and that the defendant’s use is arguably infringing.
2. Irreparable harm. The plaintiff must show that damages alone would not be an adequate remedy, for example, because the infringement is eroding brand value or causing consumer confusion that cannot be easily quantified.
3. Balance of convenience. The court weighs the harm to the plaintiff if the injunction is refused against the harm to the defendant if it is granted. An undertaking in damages by the plaintiff is normally required.

Hearings for interim injunctions are typically expedited, with courts listing urgent applications within 1–14 days of filing.

Step 5: Post‑Injunction Interlocutory Steps

Once an interim injunction is in place, the case proceeds through standard interlocutory stages. These include formal discovery (exchange of documents relevant to the infringement and quantum of loss), filing of further affidavits, interrogatories, and, where necessary, applications for preservation orders or the appointment of expert witnesses (for example, brand valuation or forensic analysis of counterfeit goods). The court will typically set an interlocutory timetable at a scheduling conference.

Step 6: Trial and Remedies

At trial, the court hears witness evidence, examines exhibits, and determines liability. If infringement is established, the court may award the following remedies under Section 47 of the Trademarks Act, 2010:

• Permanent injunction. A final order prohibiting the defendant from using the infringing mark.
• Damages. Compensatory damages reflecting the plaintiff’s loss of sales, lost licensing revenue, or damage to goodwill.
• Account of profits. An alternative to damages, the defendant must disclose and surrender profits earned from the infringement.
• Delivery up or destruction. The court may order infringing goods, packaging, and materials to be delivered up to the plaintiff or destroyed.
• Costs. The successful party is generally entitled to recover reasonable legal costs.

Required Documents and Information for Filing a Trademark Infringement Suit in Uganda

The following table sets out the documents needed when assembling a plaint bundle for a trademark infringement action. Counsel should treat this as a pre‑filing checklist.

When preparing the affidavit evidence, paginate all exhibits consecutively and cross‑reference each exhibit in the body of the affidavit. For physical samples, photograph and catalogue each item, noting the chain of custody. If seeking a destruction order, retain samples in a secure location until the court has inspected them or given directions.

Timeline and Key Deadlines for Trademark Infringement Litigation in Uganda

The timeline below provides pragmatic benchmarks for each stage of the trademark infringement procedure in Uganda. Statutory deadlines exist for some steps; others depend on the court’s interlocutory timetable.

These timeframes are realistic estimates. Actual durations will vary by court division, the complexity of the dispute, and whether the defendant contests the case vigorously.

Costs of Trademark Litigation in Uganda

Litigation costs in Uganda comprise court fees, advocate’s fees, disbursements, and (if applicable) expert fees. The table below provides general guidance. All figures should be confirmed with the relevant registry or counsel before filing.

If the plaintiff succeeds, the court will normally award costs in the plaintiff’s favour, though the amount recovered may be less than the full amount spent. Budget for the entire lifecycle of the case, from pre‑action through to enforcement.

What Changed in 2026: Commercial Court, URSB, and Recent Judgments

Several developments in 2026 have practical implications for trademark infringement litigation in Uganda.

Expanded Commercial Court listings. The Commercial Court Division of the High Court has increased its capacity for intellectual property disputes. Industry observers expect this to result in faster case management, more consistent interlocutory timetables, and greater judicial familiarity with trademark issues. Where a dispute is commercial in nature, filing on the Commercial Court list is now the preferred tactical choice for most practitioners.

Passing‑off and infringement filed together. Recent High Court decisions have confirmed that passing‑off claims can be filed and adjudicated contemporaneously with statutory trademark infringement actions, and even alongside URSB opposition proceedings. This gives plaintiffs maximum flexibility in structuring their enforcement strategy.

Interim injunction practice. Early indications suggest that the Commercial Court is applying a rigorous but efficient approach to interim injunctions in IP cases, with hearings being listed promptly and clear expectations for the quality of affidavit evidence. Practitioners should ensure that affidavits are comprehensive and that the three‑part test (prima facie case, irreparable harm, balance of convenience) is addressed thoroughly in supporting submissions.

Section 47 of the Trademarks Act, 2010 grants the court broad discretion to mould relief, including injunctions, damages, account of profits, and delivery up. The section remains unchanged, but the increased Commercial Court throughput means that final relief is likely to be obtained more quickly than in previous years.

Common Pitfalls and How to Avoid Them

• Incomplete affidavit evidence. Courts have dismissed or weakened interim injunction applications where the supporting affidavit lacks primary evidence (e.g., actual product samples, dated photographs). Use the documents checklist in this guide before filing.
• Failure to preserve online evidence. Websites and social media listings can be taken down or altered overnight. Capture timestamped screenshots and use web archiving services immediately upon detecting infringement.
• Wrong court division. Filing a commercial trademark dispute on the general civil list instead of the Commercial Court list may result in slower case management. Confirm the appropriate division before filing.
• Overreliance on registration alone. A registration certificate proves ownership, but the court will also want evidence of actual use in the Ugandan market, consumer recognition, and the impact of the infringement. File evidence of use alongside the certificate.
• Vague injunction orders. A poorly drafted injunction order is difficult to enforce. The proposed order should specify exactly which acts are prohibited, the geographic scope, and the duration. Avoid generic language such as “cease all infringing activities”, instead, describe the specific mark, goods, and channels.

Sources

1. Uganda Registration Services Bureau (URSB) – Trademarks
2. Trademarks Act, 2010 (ULII)
3. Parliament of Uganda – Trademarks Act, 2010
4. MMaks Advocates – Trademark Litigation Alert
5. Kampala Associated Advocates – Trademark Disputes, Opposition and Cancellation Proceedings in Uganda
6. WIPO – Enforcing Intellectual Property Rights in Uganda
7. World Trademark Review – Trademark Procedures and Strategies: Uganda