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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 18 months, if no objections or oppositions arise.
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If I register my trademark in Uruguay, do I have protection in other territories?
The territorial limit of registration is Uruguay.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is required.
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Are there any benefits from a pre-filing use of the trademark?
There are no benefits from pre-filing use of a trademark.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available. Law No. 19149 provides for the possibility of cancellation of a trademark that is not in use.
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What are the types of trademark that can be registered in Uruguay?
- names
- words
- slogans
- devices
- certain three-dimensional shapes
- sounds
- colours
- collective marks
- service marks
- certification marks
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What are the phases of application after a trademark has been filed in Uruguay?
The order of the application process is as follows:
- Publication of the following information:
- mark
- application date
- name of applicant
- application number
- address of applicant
- goods/services
- state or country of incorporation of applicant
- representation of trademark for logos
- Examination in respect to:
- formalities
- classification
- distinctiveness
- deceptiveness
- conflict with prior an earlier registration
- Registration
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What type of trademark is not registrable?
- marks that contradict Uruguay’s moral standards and public order
- names, symbols or flags of states, regions, nations or of international organizations
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Does Uruguay use the "Nice Classification" system?
The Nice Classification System is effective in Uruguay.
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Does the Community Trademark apply for Uruguay?
No. The European Union Trade Mark is not recognized in Uruguay.
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Is there any possibility to claim priority in Uruguay?
Priority application is possible if the following requisites are met:
- If an applicant's home country is a member of the Paris Convention
- If the home application was filed within six months prior to the application in Uruguay
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What do I need to do to satisfy the use requirement?
A registered trademark must be used within five consecutive years following the mark's registration or renewal date The amount of use must be on a commercial scale and must occur in Uruguay.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is ten years and is calculated from the registration date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the registration grant date.
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Is it legal to use my trademark even if it is not yet registered?
The trademark law of Uruguay allows usage of an unregistered mark for any goods or services.