Trademark protection in Uruguay is obtained through registration with the National Directorate of Industrial Property (DNPI). Trademark registriations in Uruguay are valid for 10 years from the registration date and can be renewed for successive 10-year period (Under Trademark Law N° 17.011).
What is a trademark in Uruguay?
A trademark is any sign capable of distinguishing the goods or services of a natural or legal person from other identical goods or services
How to file a Trademark in Uruguay?
The following is needed to file a trademark application in Uruguay
TM information
- Complete name and address of the applicant(s)
- Particulars of a mark (type of mark, digital image if any, description of colors, etc).
- Class/es in which the trademark application is to be filed: specifications of goods/services to be covered.
Documents required
- Power of Attorney: signed by the applicant or an authorized officer of the applicant company; the signature must be notarized by a Notary Public and Consular legalization or “Apostille” is required Uruguay is a member of the Hague Convention, which allows the exemption of foreign documents from consular legalization.
- Certified copy of the Priority Document: if priority is claimed, a copy of the first filed foreign application notarized.
- Translation of documents into Spanish: our in-house translators can assist you.
Goytia & Associates can proceed with a search free of charge. Click here
How is the process of filing a Trademark in Uruguay?
The application can be submitted entirely online with the DNPI
However, before filing any trademark application, an availability search is highly recommended.
Multi-class applications can be filed.
Looking for information on patents? Click here to learn how to file a patent in Uruguay.
Examination
Procedure following the submission of the application.
The DNPI allocates an application number along with the corresponding filing date.
- Publication of the Application: Once the trademark application is filed and the formal examination is completed without any formal defects being notified to the applicant, or once any defects have been corrected, the application must be published in the Industrial Property Bulletin. The thirty-day period for third parties to oppose the application begins the day after the publication, in case they believe they have a superior right.
- Opposition of third parties to the trademark registration application: Third parties or interested parties have 30 calendar days, which are strict and non-extendable, from the publication date of the application to submit their opposition to the DNPI. Whether or not there are oppositions, the DNPI will examine the application ex officio to ensure it does not violate any provisions of Law 17.011.
The DNPI may oppose the application ex officio based on Articles 4 and 5 of Law 17.011. Article 4 refers to Absolute Nullities, and Article 5 refers to Relative Nullities.When there is an opposition, whether ex officio or from third parties, the applicant is given a 30-day strict, non-extendable period to respond. During this time, the applicant may submit a written defense of their application, presenting any arguments they deem appropriate.
At this stage, the file is sent for review by the Legal Advisory Department. - Resolution
If there are no oppositions, either ex officio or from third parties, the DNPI issues a Resolution granting the registration of the requested trademark, which is then notified to the applicant.
Duration of the procedure:
The registration process may take approximately 18 to 24 months
Grant, validity term and maintenance fees
The validity term of a registered trademark in Uruguay is 10 years from the registration date, with the possibility of unlimited renewals every 10 years. A renewal application must be submitted at least 6 months prior to the expiration date
International treaties
Uruguay is a member of the Hague Convention which deals with the exemption of foreign documents from consular legalization. Consequently, the public documents to be sent to Uruguay from other countries which have also adhered to this Agreement shall include an “Apostille” instead of the consular legalization.
Representation by a Intellectual Property Agent
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client.
Goytia & Associates has local offices in Uruguay and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
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