Trademark registration in Uruguay

Registration process in Uruguay

• International Class. It is not necessary to indicate the specific products that the trademark will distinguish, Uruguay allows to apply for trademarks for all products included in a class.
• In Uruguay there is a multi-class system, so that an application may include several classes.
• In the case of mixed or figurative trademarks, the logo must be attached during the registration process.
• Priority. In case priority is claimed, it is necessary to attach the Priority Document translated by a Uruguayan Sworn Translator (if applicable) or to attach such document - under the aforementioned conditions - within 90 days following the trademark application. In case the Priority Document issued by the corresponding office is not available at the date of the application, all the information related to the priority is required: i) date, ii) application number and iii) country.  This information is also available for you to enter in the online trademark application.

Uruguay Trademark application procedure

• Trademarks are applied for before the National Directorate of Industrial Property. Approximately two months after the application is filed, it will be published in the Trademark Bulletin.
• From the date of publication there is a 30-day period within which third parties may file oppositions. Subsequently, the file is sent to the Trademark Department for formal and substantive examination.
• The Office may oppose ex officio if it considers that there are identical or similar antecedents or that the trademark does not comply with the admissibility requirements of the Trademark Law.
• If no oppositions are filed, the trademark will be granted in approximately 12 months from the date of application.
• Trademarks are valid for 10 years from the date of grant and may be renewed for equal periods every 10 years. Renewal can be made from 6 months prior to expiration and up to 6 months after expiration.
• In the event that oppositions are filed, we will be notified in order to file a defense.
• In the event that the trademark is rejected, it is possible to file Revocation and Hierarchical Appeals in Subsidiary (in administrative proceedings) and later appeal in Judicial proceedings before the TCA (Contentious Administrative Court).

IMPORTANT:

• As from January 1, 2014, the use of the trademark must be initiated within 5 years from the granting of the registration or its renewal, otherwise, the trademark may be cancelled for non-use by whoever proves to be the holder of a direct, personal and legitimate interest.
• POWER OF ATTORNEY: If acting as a representative, remember to add power of attorney with notarized signatures (unless the representative is an Industrial Property Agent). Powers of attorney for lawsuits are not accepted. If the power of attorney comes from abroad, it must be apostilled/legalized/ and translated if applicable. Representatives of Companies/Associations: they must add a notarized certificate attesting their capacity as such and in case the representation is joint, they must add a Power of Attorney with notarized certification of signatures.

According to the provisions of Decree 277/2014 the cancellation action may be deducted as from January 1, 2019.

Do you need to register your trademark in another country?

We also offer trademark registration services in these international markets:

• Trademark Registration in Mexico
• Trademark Registration in the United States
• Trademark Registration in Argentina
• Trademark Registration in Peru
• Trademark Registration in Brazil

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