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Newsletters and Bulletins / March 1999 / Uruguay |
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Uruguay - New Trademark Act We have been advised that a new Trademark Act entered into force
in Uruguay on October 17, 1998. Our sources indicate that the
principal provisions of the new law include those summarized below.
1. Registrable marks are defined as signs serving to distinguish
the goods or services of one party from those of others and may
include slogans and even product shapes or containers, even though,
in contrast to the old law, such shapes or containers were registered
as industrial designs.
2. Marks may now be accepted for registration on the ground that they have acquired secondary meaning through use. 3. Applications for trademarks registered outside of Uruguay must be authorized by the owner of the registered mark, a provision that could be favorable to foreign trademark owners, depending upon how it is implemented and interpreted. 4. Belated renewal is available within 6 months of expiration. 5. Applications will be published for opposition only once. The term within which to file an opposition has been increased from 20 days to 30 days from publication. Where an opposition is based on use of a mark that is not registered in Uruguay, the opponent must file an application for the mark within 10 days to avoid rejection of the opposition. 6. Protection for collective marks, certification marks and denominations of origin has been introduced. |
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