Please be informed that, on October 7, 2014, Decree No. 277/2014
dated October 1, 2014, was published in the Official Gazette. The
aforesaid Decree rules Articles 187 to 189 of Law No. 19.149,
regarding mandatory use of registered Trademarks in Uruguay.
In view of the above, from January 1, 2019, any individual or
entity with a direct, personal and legitimate interest will be
entitled to file a cancellation action against a registered
trademark when it has not been used for a period of 5 years,
as from its date of allowance.
In accordance to the above legislation, the registered owner of the
mark must prove its use.
In this connection please note that a registered trademark is
considered used when any of the products or services that the
registry protects are available in the Uruguayan market, in the
normal amount and manner, depending on the size of the market, the
nature of the goods or services concerned and the modalities of
their marketing.
On the above grounds we understand it is of great importance to
develop a strategy in order to safeguard the intellectual property
rights on the basis of the particularities of each trademark
portfolio.
We remain at your disposal in case any further information or
assistance is required as well as to develop a scheme of defense of
your trademarks regarding potential cancellation actions for
non-use.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.