Prof. Patrick Engeu Ogwang, the brain behind Covidex, the herbal drug used in treating covid19, has applied for a trademark recognition of his drug.

According to the Uganda Gazette, the application has been made under reference number 2021/71772 and is dated June 28, 2021. In the application, Prof Ogwang lists his address as Akright, Entebbe Road Kampala.

If Uganda Registration Services Bureau (URSB) goes ahead to grant him exclusive rights to the name, it means it will become illegal for anybody or entity to make any claim to the Covidex name.

Forthwith that application, according to URSB, any person or entity opposed to Prof Ogwang's claim to the Covidex name has a period of 60 days within which to oppose the application.

They can do so by lodging a notice of opposition and will be expected to pay a fee to URSB of sh4000 (if nationals of Uganda) and $250 (if foreigners), from the date of notice, clearly giving grounds for their opposition.

"The period of lodging the notice of opposition may be extended in suitable cases by the registrar of companies, as he thinks fit, upon such terms. (However) formal opposition should not be lodged until after reasonable notice has been given by the letter to the applicant so that he may have an opportunity to withdraw the application before the expense of opposition proceedings is incurred," URSB said in the notice.

What's a trademark?

A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or entity from those of other enterprises.

A trademark may consist of any word, symbol, design, slogan, sound, logo, smell, colour, label, name, signature, letter, numeral, or any combination of them and should be able to be represented graphically.

To be considered a trademark, it has to be distinctive, non-descriptive, and not likely to cause confusion.

The trademark holder has exclusive rights to prevent others from using the same in order to avoid confusing the public.