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When a trademark is registered, the owner obtains exclusive rights in the country where it is registered, which allows them to take legal action against unauthorized use by third parties.
Although trademark registration is not mandatory in Uruguay, not doing so can expose the owner to legal conflicts if another applicant registers a similar mark.
The registration grants a transferable right, highly valuable for businesses, which can be licensed in onerous or free agreements.
We offer a fluid commercial and professional relationship through various communication channels, physical and online presence to attend to your requirements and provide maximum confidence.
Our qualified professionals have practical experience in extensive areas of the real world.
We know the laws and processes of trademarks and patents in all countries of The Americas, ensuring exhaustive and up-to-date control in each task assigned.
We work with select colleagues and assume the responsibility to protect your interests in Industrial, Commercial and Intellectual Law.
Satisfied clients
Won cases
Granted trademarks
Registered patents
Disputes settled
What is a trademark?
It is defined by our current regulations as any sign with sufficient aptitude to distinguish either products or services (depending on the classes to which it is requested/registered), from a natural or legal person from another.
A sign to be requested or registered, can be of several types:
Only the word or words, word/s with a drawing, drawing only, advertising phrases, sounds, aromas.
How is the application process for a trademark?
Priorly, it is possible to carry out a free report for the client, on the feasibility of the application to be requested and its immediate incorporation into the register.
The Trademark Application requires the identification of the sign to be requested, which after being entered cannot be changed.
In addition to the applicant's data (name and surname in the case of an individual or name if it is a legal entity, identification with an identity document or tax registration, physical address in Uruguay or another country). The class or classes for which it is requested.
Once your application is entered, it is assigned an act number that confers a priority right with date and time over any other subsequent one that is presented of the same mark or similar, which will remain pending the resolution of its previous one.
If there are no objections in the Register due to precedents or from third parties who could file a protest against the application, it will be granted for a period of ten years. Renewable for equal periods.
Can a trademark be registered internationally?
Trademarks are territorial, that is, they respond to the regulations of a specific territory or country.
Taking that territorial nature into account, we do have International Conventions, such as:
Paris Convention, and other treaties such as Madrid Protocol, Treaty of the European Union, Andean Pact, which with a single request and payment of the fees for each of the requested countries, a process begins in all of them, even though the result of one does not bind the other.
What is a patent?
A novel industrial object is a product of an idea that seeks to solve a situation in a specific area.
What types of patents can be registered?
Invention, utility model and industrial design.
Depending on the object to be patented, meeting the requirement of having inventive activity and being capable of having industrial application:
Invention: New products or processes that are novel, non-obvious, and useful.;
Utility model: A new arrangement or configuration obtained or introduced in tools, work instruments, utensils, devices, equipment, or other known objects, which results in a better use or a better result for its purpose, for its use or manufacture.
Industrial design: Original ornamental creations that give a different appearance to the product.
Once a patent is granted, it gives the owner the exclusive right to utilize the invention, utility model, or industrial design for a period of 20 years for inventions, and 10 years for utility models and industrial designs (renewable for an additional five years for utility models and industrial designs).
How does the patent application process work?
It is advisable to conduct a prior search both nationally and internationally.
After the submission of the Patent Application, with all the necessary requirements for its submission, which is different than in trademarks, a preliminary examination of formalities and patentability is carried out. After the legal deadlines have elapsed, it is published in the Official Gazette of Trademarks.
The deadline for third-party oppositions begins, sixty days after publication.
If examiner's technical report allows it, no third-party oppositions have been filed, and there are no regulatory impediments, the patent is granted.