English
Registration is not necessary to obtain rights to a trademark. Prior use proves ownership to a trademark. Uruguay follows the "first to use" rule.
The national office is available online at the following URL: http://www.miem.gub.uy/portal/hgxpp001?5,9,185,O,S,0.
Neither actual use nor intent to use is a requirement for application.
The following can be grounds for opposition:
- bad faith
- conflicting prior registration
- notorious or well-known marks
- descriptiveness, non-distinctiveness, and non-proprietary rights
- registration in the name of the agent or other representative of the proprietor of the mark
- trade names
- rights in a company name
- unauthorized use of protected national insignia or emblem
- rights in a personal name
The following parties may oppose an application:
- a licensee
- the owner of an earlier right
- any interested party
Yes. A trademark’s registration can be cancelled on the following grounds:
- The application for or registration of the mark was made in bad faith.
- See Section VIII.A. Use Requirements.
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to bring a cancellation action against a later conflicting registration
- the right to oppose later conflicting applications
- the right to obtain damages for infringement
- the right to sue for infringement against confusingly similar third-party trademark use
The opposition period begins on the date of publication.
The opposition period ends 30 days after publication.
Uruguay is not a signatory to either the Madrid Agreement or the Madrid Protocol.
Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.