In Uruguay, rights to a trademark are granted to the person or company that first uses it in the territory. However, even though registration is not legally mandatory, in practice it is necessary because it:
- Clearly demonstrates ownership of the mark.
- Helps prevent future conflicts regarding who owns the trademark.
- Is essential to defend against trademark infringement or unauthorized use by third parties.
Trademark registration in Uruguay is carried out before the Intellectual Property Office of Uruguay DNPI.
If you register a combined trademark (which includes both word elements and figurative elements), your exclusive right to use the mark is limited to the exact configuration in which it was filed and registered. If you wish to use the word element separately from the logo (or vice versa), it is advisable to file another trademark that includes only the word or only the figurative elements you want to protect independently.
If a third party later tries to register or use a mark that includes a primary or distinctive part of your trademark for similar goods or services, you will have the right to oppose the application based on confusing similarity. The chances of success will depend on the specific circumstances of each case.