Trademarks Law in Uruguay
Here’s a comprehensive overview of Trademarks Law in Uruguay:
🇺🇾 Trademarks Law in Uruguay
Legal Framework
Trademark protection in Uruguay is governed by:
Law No. 17.011 (1998) – the main Trademark and Trademark Rights Law
Decree No. 34/999 – regulatory provisions for implementation
Uruguay is a member of international agreements including:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (since 2020)
TRIPS Agreement
Competent Authority
The Dirección Nacional de la Propiedad Industrial (DNPI), part of the Ministry of Industry, Energy, and Mining, is responsible for the registration, administration, and protection of trademarks.
Key Features of Trademark Law in Uruguay
1. Definition of a Trademark
A trademark is any sign capable of distinguishing goods or services of one enterprise from those of others. This includes:
Words, names, slogans
Logos and symbols
Shapes, colors, packaging
Sounds and scents (in certain cases)
Trade dress and combinations of the above
2. Types of Trademarks
Uruguay allows the registration of:
Individual trademarks
Collective trademarks
Certification marks
3. Registration Process
Application is filed with DNPI including a representation of the mark, classification under the Nice Classification, and applicant details.
Formal and substantive examination follows (checking for absolute and relative grounds).
If accepted, the application is published in the Official Gazette for a 30-day opposition period.
If no opposition or once resolved, the mark is registered.
4. Duration and Renewal
A registered trademark is valid for 10 years from the registration date.
Renewable indefinitely for additional 10-year terms with continued use and payment of fees.
5. Rights Conferred
Exclusive rights to use the trademark in Uruguay for the registered goods/services.
Right to license the mark, assign ownership, and prevent unauthorized or confusingly similar use.
6. Grounds for Refusal
A trademark may be rejected if it:
Lacks distinctiveness
Is generic or descriptive
Is contrary to public order or morality
Conflicts with previously registered or applied trademarks
Misleads consumers about the nature or origin of the goods/services
7. Opposition and Cancellation
Third parties can file an opposition within 30 days of publication.
A registered trademark can be cancelled if:
Not used for 5 consecutive years (non-use)
Registered in bad faith
Violates the rights of others
8. Infringement and Enforcement
Trademark infringement can be addressed through:
Civil actions: injunctions, damages, seizure of counterfeit goods
Criminal sanctions for counterfeiting and fraud
Border measures: DNPI can coordinate with customs to block counterfeit imports
9. International Protection
Uruguay is a member of the Madrid Protocol, allowing international registration of trademarks via WIPO.
Also recognizes priority rights from Paris Convention filings.
Summary
Uruguay has a strong, modern trademark legal system that offers:
Protection through registration with DNPI
Recognition of international treaties (Madrid, Paris, TRIPS)
Legal tools to enforce rights against infringement and counterfeiting
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