In Uruguay, the rights to a trademark are granted to the person or entity that first uses it in the country. Although trademark registration is not required, it is recommended in order to establish clear ownership, avoid future trademark ownership disputes, and defend against trademark infringement allegations.
Trademark registration in Uruguay is done through the Intellectual Property Office of Uruguay (DNPI).
Actual use of a trademark is not necessary in order to register it or maintain it.
Minimum filing requirements in Uruguay
To obtain the date of filing a trademark application in Uruguay should contain at least:
– applicant’s details;
– representation of a trademark;
– specification of classes, as well as a corresponding list of goods or services;
– information concerning payment of the application fee.
Requirements for the Power of Attorney
The legalization of the POA form is not required. The deadline for submitting the document to Uruguay is 3 months from the issuance of the corresponding Office Action.
The certified copy of the priority document in English must be provided within three months from filing the trademark application.
The opposition period is six months from the publication date.
Validity term and trademark renewal
The trademark in Uruguay is valid for ten years from the date of filing. This term is renewable an unlimited number of times for 10-year periods. Renewal fees may be paid within one year prior to the expiry of the protection term. Late renewal of a trademark in Uruguay is possible within six months after the expiry date by paying the fine.
Registration of the trademark in Uruguay can be canceled on the grounds of non-use upon a third party’s request if it has not been used for a continuous period of 5 years from the registration of a trademark.
Representation by a trademark attorney
For foreigners not residing in Uruguay, it is required to perform the trademark prosecution in Uruguay through an agent, registered trademark attorney.
You can find the list of Uruguay IP Firms here