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Amendments to Trademark Laws

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Aug 22, 2018 (Newsletter Issue 14/18)
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Non-Use Cancellation Actions Possible Soon

Starting January 1, 2019, cancellation actions may be filed against registered trademarks which are not being used in Uruguay.

Any individual or legal entity with a direct, personal and legitimate interest will be entitled to file a cancellation action against a registered trademark that has not been used for a period of at least 5 years from its date of registration or last renewal.

Almost 5 years have passed since Law No. 19.149, which, in section 187, amended current section 19 of Law No. 17.011 (Trademark Act) and prescribed mandatory use of registered trademarks in Uruguay, became effective.

The Law does not provide for partial cancellations of trademarks, thus the use of any of the goods or services covered in the registration prevents trademarks from being cancelled. Also, should the trademark owner provide sufficient evidence of force majeure reasons for non-use of the trademark, cancellations shall not proceed.

For further information, please check here