This is to advise the Uruguayan Parliament has revised the legislations with respect to the use of registered trademarks. The referenced amendment imposes mandatory use and implementation of regulations to facilitate the cancellation of trademarks not in use effective from 1 January 2014, as per the following:
- When a trademark has not been in use by its owner or by an authorised person for 5 consecutive years after the grant date or to the date of authorisation of its respective renewal, or
- When the use has been interrupted for more than 5 consecutive years.
An owner can prevail in a cancellation action, however, if the owner provides evidence that the lack of use is due to reasons of force majeure.
Please note that Uruguay follows a multi-class filing system, so use of a product or service in one class of a trademark bearing multiple classes exempts other classes without use from the cancellation.
Should you have any questions please contact [email protected].