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Amendments to Trademark Laws

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Nov 11, 2014 (Newsletter Issue 17/14)
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Use of Trademarks Mandatory Now

On 7 October 2014 Decree No. 277/2014 has been published. The same regulates Law No. 19.149 effective since 1 January 2014, concerning to the mandatory use of trademarks in Uruguay.

According to sections 187 to 189 of the previously mentioned law the use of trademarks is mandatory in Uruguay and cancellation actions may be filed as of 1 January 2019.

As consequence, trademarks in Uruguay can be cancelled for non-use before the National Office of Industrial Property in the following cases:

A) When a trademark had not been used by the owner or other authorized person within five years following the granting date or the renewal date or
B) When the use was interrupted for more than five years

The law does not provide for partial cancellation. It meets the requirement to use when any of the products or services included in the trademark are commercially available in Uruguay, in the amount and manner normally appropriate, considering the size of the market, the nature of the products or services in question and its forms of marketing.

In addition, the use of a trademark in relation to goods to be exported from Uruguayan territory, or services rendered abroad, from Uruguay will also suffice the requirements of use.

Finally, the use of the mark as a trade name registration preserves the trademark as long as the same is used on products, their packaging or in a way directly related to those protected by the trademark registration services.

Use of the mark must be public and effective and the proof thereof corresponds to the titleholder.

Source: Fernandez Secco & Asociados, Uruguay