Uruguay
Uruguay Trademark Registration
Our Trademark Attorneys in Uruguay will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:
Step 1
Trademark Comprehensive StudyA report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Uruguay. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.
Step 2
Trademark Registration RequestThe filing and processing of the Trademark Registration Request before the Uruguayan Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.
Close-
Is registration of a trademark mandatory?
No legal requirement to register a mark exists, but rights against infringers are only acquired through registration. If a mark is not registered, there is a risk that others may register it and prevent the first user from fully using it.
-
Which Intellectual Property rights are registrable?
Any distinctive sign or symbol capable of graphic representation, which serves to differentiate the goods or services of one person from another, can be registered. This includes signs such as one or more words with or without conceptual content, drawings, symbols, monograms, engravings, prints, stamps, images, color combinations that are applied in a particular location of the goods or packaging, letters and numbers, packaging, advertising phrases that are original, etc. Propaganda phrases may be registered as long as they comply with the Trademarks Law regulations.
-
Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?
It is not necessary to register the name of a comercial establishment to exercise the rights granted by law, except when it is part of a mark, in which case it should be registered as a service in the appropriate class.
-
Is there any advantage in using a trademark before filing an application?
No. There is no advantage in using the trademark before filing an application. Rights to use a mark are acquired only through registration.
-
How long does the registration process take?
In the absence of objections and oppositions, the registration process takes approximately 12 months.
-
Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?
The use of trademarks is not required in Uruguay. Cancellation for non-use is, therefore, not applicable.
-
In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?
No, it is not possible. The registration of a mixed mark (verbal + figurative element) only grants protection to the mark as a whole.
-
How can I know which is the due date for the renewal of a registered trademark?
The term/renewal date of a registration is 10 years from the grant date.
-
When should I pay the renewal fee of my registered trademark?
An renewal must be filed during the six month period expiring with the renewal date.
-
Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?
There is a grace period of 6 months to file an application for the renewal of a mark after the expiration date, subject to the publication of the renewal in the Official Gazette. This publication will imply the payment of a publication fee.
-
What documents are required for filing a trademark or renewal application?
A power of attorney (authorization form) executed by the proprietor and a copy of the Uruguayan trademark registration form are required for the renewal.
