Nice classification, 10th edition

Any distinctive signs, such as words, names, acronyms, letters, numbers, devices, combination of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks (musical notations) and any combination of the mentioned signs can be registered as a trademark.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.

The application is filed at the Trademark Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A simple signed (non-legalised) power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior marks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 24-25 months.
Prior to registration, the trademark application is published in the Official Gazette (approx. 2 months after the date of the application).

National:
The opposition period is 30 days as of the publication of the application at the Official Gazette.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
is not a member of the Madrid Agreement or Protocol.

A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.

There is no compulsory use. No use or intent-to-use is required in order to file an application, maintain a registration in force and effect, of obtain subsequent renewal. There is no cancellation action based on the lack of use of a mark.

Official Fees (including publication fees) for the application for a word mark in one class are of approximately € 151 and € 65 per each additional class.
In the case of design trademarks official fees (including publication) are of € 260 and € 86 per each additional class.
Please not that the official fees for trademark applications and publications are adjusted monthly according to an official index reflecting the local level of prices.

Trademark Licence Agreement
In Uruguay licence agreements must be in writing. It is permitted to license the use of unregistered trademarks whose registration is being prosecuted. A trademark may be licensed for some or all of the goods or services covered. Licences may be exclusive or non-exclusive. If the agreement lacks the exclusive right clause it shall be considered non-exclusive. The sale of a registered trademark does not automatically terminate the licence. There are statutory provisions prescribing the terms of licensing:

1. The licensee shall not be entitled to transfer his rights, neither totally nor partially, without express consent from the licensor.
2. Any modification made to the licence or sub-licence agreement shall be duly notified to the Industrial Property Office

Recordal
There are provisions in law for the recordal of a licensee with the Trademark Office (UPTO). The licence agreement shall be valid and in force against third parties upon registration thereof at the Industrial Property Office. There is no time frame for a recordal and there is no prescribed form for a licence agreement.

The following documents are required for a recordal:
1. The original licence agreement (or a notarised copy) must be filed before the UPTO.
2. A power of attorney in the name of the licensee
3. If the licence agreement makes any reference to another prior agreement, the UPTO will demand that such other agreement is also submitted.

The licence agreement must include a specific period of time.

Effectiveness
The licence agreement shall be valid and in force against third parties upon registration thereof at the Industrial Property Office. An excerpt with the substantial parts of the licence agreement is published in the monthly Industrial Property Gazette.

Infringement Proceedings
There is an evidentiary presumption that use by a registered user is permitted use, unless it is evidenced that the licensee is actually making unauthorised use of the trademark. The licensee may join the proprietor in infringement proceedings. Judicial proceedings can only be instituted by the owner of the trademark, or by the user acting as a representative of the owner, duly authorised by the same.

Search type	First class	Add. class
Word Mark Search (availability)	260,00 €	210,00 €
Word Mark Search (identical)	210,00 €	150,00 €
Extended Search (word mark, company name, domain)	760,00 €	210,00 €
Device Mark Search (availability)	590,00 €	340,00 €
Trademark Owner Search	290,00 €
Company Name Search	590,00 €
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)	460,00 €	380,00 €

The Prices above are S.M.D. Markeur Search Fees