A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.
- It is the only way of obtaining rights to the trademark. - It provides national and/or local protection. - It allows to demonstrate ownership of the trademark. - It helps to discourage other people from using the trademark unlawfully. - Trademarks allow your business to effectively utilize the social media and make your customers find you easily. - If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement. - If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
- Words - Names - Devices - Certain three-dimensional shapes - Colors - Slogans - Sounds
Trademark protection in Uruguay lasts 10 years from the registration grant date and can be renewed every 10 years. A renewal application must be filed within six months before expiration date
The approximate time from application to registration (for a prosecution without an opposition) is 14 months from the filing date.
An application is published for opposition purposes before formal examination of the application. The opposition period begins the day of publication of the application and ends 30 days after publication.
- The applicant’s identification details. - The representative’s identification details (if applicable) - List of goods or services provided. - Trademark Representation. - Power of attorney (it may be digital). - Official filing fee.
- Joint applicants are permitted in Uruguay. - Actual use or intent to use are not required for application. - If the applicant is not domiciled or have a legal representative in the country, it is compulsory to designate a legal representative if the application is performed online or in person - The list of goods and services may specify “all the goods” or “all the services” of the relevant class(es), the relevant class heading, the relevant local subclass and/or subgroup, and a list of the common commercial names for the specific goods or services of interest. - In Uruguay, the type of registration available is national. - All documents must be translated into Spanish by an official translator. However, the translation can also be certified in Uruguay. - All signed documents must be apostilled. - Uruguay uses the Nice Classification System. - Uruguay is a member of the Paris Convention and the Nice Agreement. - Uruguay is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications. - European Union Trade Mark registration is not effective in Uruguay. - Multinational regional registrations are not available in Uruguay. - Applications can be filed online. - The official file can be accessed online.
If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure six months before the expiration date. There is a six-month grace period to renew the trademark after the expiration date.
If you do not renew on time, you will need to file a complete new application.
No proof of use is required for renewal. Once renewed, it will be valid for another ten-year period starting from the previous expiration date.
Trademark renewal requirements:
- Name and address of the applicant.
- Trademark description.
- List of goods or services provided.
-Power of Attorney.
- Trademark registration number.
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