Trademarks: Uruguay

General Information

International Agreements : Paris Convention, TRIPS and Nice Agreement

Classification : Nice Classification (8th Edition); Single Class Filing

What is Registrable : All signs which are sufficiently distinctive are registrable as trademarks, (alphanumeric marks, color marks, marks for packaging and for the form or configuration of a product, and marks which are three-dimensional) Uruguayan Trademark Office accepts registration of sound marks.

Priority under Paris Convention : Yes

Examination : After the publication and the third parties term to oppositions, the Examiner conducts a Substantive examination of the mark.

Publication : Yes – in the Industrial Property Bulletin.
Opposition : Yes – within 30 days as of publication date.
Time Frame for Registration : 10-12 Months.
Registration Term : 10 Years – as of Granting Date by the TM Office
Renewal Term : 10 Years 
Grace Period for Renewals : 6 Months after Expiration date

Use Requirement for filing : None - Uruguayan trademark laws do not require use of trademarks in order to maintain a registration in force and effect, or to renew the same. It is, therefore, possible to renew a trademark which has not been used, and no proof of use will be required by the Uruguayan Trademark Office.

Marking Requirements : None

Assignments - Must Assignments be recorded ? No
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? No
Can pending application be Licensed ? Yes

 

Filing Requirements

Trademark/Service Mark Requirements

  1. Power of Attorney Simply Signed.
  2. Applicant’s name and address. 
  3. Mark to be registered.
  4. International class or classes to be covered by the application or, list of products. Please note that, under Uruguayan trademark regulations, it is possible, at the applicant’s option, to claim the entire class, or list the specific goods to be covered.
  5. prints of the Mark.

Renewal of Trademark/Service Mark Requirements

  1. Power of Attorney Simply Signed.

Assignment Recordal Requirements

  1. Power of Attorney from the Assignee Simply Signed.
  2. Deed of Assignment Simply Signed.

Please note that Uruguayan law requires that the Deed of Assignment contain express indication of Assignor on whether it has kept, in Uruguay, any trademarks which may be identical or similar to those being assigned.

Note that under Uruguayan Trademark Law it is necessary to indicate a consideration for the assignment. A token price of U$S 1 is acceptable to the Uruguayan Trademark Office.

License Recordal Requirements

  1. Power of Attorney Simply Signed from the party requesting the License Recordal.
  2. Suitable License Agreement document (No Notarization or Legalization required).

Change of Name/Address Requirements

  1. Power of Attorney Simply Signed.

 

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