Uruguay (UY)
05-03-2010 (Newsletter Issue 10)
E-Filing System Available
The Uruguayan Trademark and Patent Office has established an e-filing system for trademark applications available only to Uruguayan trademark and patent attorneys.
Source: www.fernandezecco.com
Legal basis is the new Trademark Law of September 25th, 1998. The international classification of goods and services consisting of 45 classes has been adopted (currently 9th edition).
Trademark protection is obtained by registration, under the "first-to-file"-System. It can also be acquired by sufficient public recognition.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, combinations or shades of colours, threedimensional forms, the three-dimensional form of a good or its packaging, sound marks (musical notations) and any combination of the mentioned signs.
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 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 trademarks. 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. 12 months.
Prior to registration, the trademark application is published in the official gazette (approx. 2 months after the date of the application).
The opposition period is 30 days from publication date of the application.
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 non-use.
The official fee for word marks is approx. EUR 67.00 for one class and approx. EUR 41.00 for each additional class. An additional print charge of approx. EUR 27.00 for publication must be added. For device marks it is approx. EUR 41.00 for one class and approx. EUR 24.00 for each additional class. An additional print charge of approx. EUR 69.00 for publication must be added.
Please be aware that the official fees for trademark applications and publications suffer changes from the Uruguayan Trademark Office every month.
| 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