The current trademark regulations in Uruguay are mainly based on the Trademark Law promulgated on September 25, 1998. The National Industrial Property Office of Uruguay is responsible for managing trademark affairs and the official language is Spanish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Uruguayan trademark registration follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Uruguay is a party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, Nice Agreement, WIPO Convention, Trademark Law Treaty, Vienna Agreement, Singapore Treaty, and Nairobi Treaty, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through "single country registration".
At present, the Uruguayan Industrial Property Office adopts the Nice Classification 11th edition of goods and services descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Uruguay include: text, name, graphics, three-dimensional identification, color combination, slogan, sound, etc. The combination of sound and color needs to meet specific requirements when applying for registration.
If the applicant does not reside in Uruguay, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding Spanish translations must be provided.
The main process for applying for registration of a trademark in Uruguay is: application acceptance formal examination announcement substantive examination approval issuance.
After about one week of application submission, the Industrial Property Office will first conduct a formal examination, mainly to examine whether the application requirements and classification information comply with regulations. Once the formal examination is approved, an announcement will be arranged, and the 30 day objection period from the announcement date is the objection period. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Well known trademark;
5. Malicious registration;
6. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
7. Unauthorized use of badges and logos;
8. Violating public order and good customs.
If there is no objection or the objection is not established during the announcement period, the Industrial Property Office will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it can be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. In a smooth situation, trademark registration in Uruguay takes 2-3 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The Uruguayan trademark is valid for 10 years after registration, starting from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violation of relevant laws and regulations;
2.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.