TRADEMARK INFORMATION – URUGUAY
1.- Requirements
a) Enclosed Power duly completed with your client’s exact full Name or Company, the exact address including location and simple signed it could be sent by e-mail or fax. It does not require Notary Certification nor Consular Legalization.
b) If the trademark is to be registered with a design or device, we need an example, you could send it by e-mail. If the design or device includes color, it must be sent in color.
c) International Classification (it is not necessary to specify the goods) in which the mark should be filed. Also it is important to let you know that we have a multi-class system so a mark could be filed for more than one class in only one application form. The use of the mark is not mandatory.
d) In case of claiming priority the Priority document issued by the Trademark Office where the trademark was first filed it should be submitted within 90 days from the filing application in Uruguay with its translation done by an authorized translator from Uruguay
2.- Searches
A Preliminary Search is not required, however we consider that it is useful to conduct one before an application is filed. The cost of a trademark search in one class is U$S 100.
3.- Costs
The costs of a single trademark application (word mark, in one class) is of U$S 400 (four hundred American dollars) per each additional class U$S 200 (two hundred American dollars). In case of a device or combined mark the cost is U$S 450 (four hundred and fifty American dollars) and per each additional class U$S 200 (two hundred American dollars). If no oppositions are filed the final costs for the Certificate of Registration U$S 200 (two hundred American dollars). The prices stated include all expenses and professional charges as well. We do not charge faxes, e-mail nor mailing expenses. If you need a discount please do not doubt to ask it, each case could be studied.
4.- Trademark Procedure
Once the application is filed, it later ( 1 or 2 months from the application date) will be published in our Official Bulletin. Starting from the date in which the application is published there is a 30 day period in which oppositions from third parties could be filed. If there are no oppositions from third parties and or objections from the examiners, the trademark will be granted in approx. 1 year later. The registration of such trademark is valid for ten years starting from the date in which it was granted and the renewal should be filed during a period of six months before the expiry date.
In case oppositions are filed we will be notified in approx. 6 months starting form the application date in order to file a response.
The Certificate of Registration is issued approx. 3 months after the mark is granted and the taxes duly paid.
PATENT INFORMATION- URUGUAY
1.- Requirements
a) The enclosed Power duly completed with applicant's exact full Name or Company, the exact address including location and simple signed. It could be sent by return fax. It does not require Notary Certification nor Consular Legalization.
b) If Priority is claimed we have 180 days from the Uruguayan filing application date to submit the Priority Document issued by the Ind. Property of the origin country with its translation into Spanish language.
c) If priority is claimed and we do not have the document in the moment of the application we need the data of the priority: a) name of the country, b) application number and c) date.
d) Name, identification or passport number and address of the applicant.
e) Name, identification or passport number of the inventor if he is not the applicant.
f) One copy of the specification, drawings, claims and a summary of less than 100 words for the publication.
g) A Spanish translation is required. If Priority is claimed the translation of the Priority Document should be done by an Uruguayan public translator.
2.- Costs and Procedure
The total costs for filing an Invention Patent, Utility Model is U$S 700 - per each additional claim after the first 10, U$S 25 and the costs for filing an Industrial Design is U$S 560.
The payment of the Publication (included in the above mentioned costs), could be done together with the filing application or up to 18 months for Patents and Utility Models and 12 for Industrial Designs starting from the first application date. If the publication is paid the same date as the application is filed it will be published approximately in three months. If we do not receive contrary instructions we will pay the publication fees together with the patent application. Starting from the date of the publication there is a 60 days period in which objections from third parties could be filed.
Also starting from the date the patent is published there is a period of 120 days for Patents and Utility Models and 60 days for Industrial Designs to pay the Office Examination. The cost for Patents and Utility Models is U$S 300 and U$S 2 per each additional claim after the first 10 and U$S 180 for Designs.
Later the Patent application will be studied by the examiners and if no third parties or Office Actions are filed the Patent will be granted. It is impossible to estimate when the Patent will be registered because the Office has an important delay, but we think it could take about four or five years from the filing application date.
As soon as we are notified of the Patent registration we have to pay the Certificate of Registration: U$S 500 for Invention Patent and Utility Model and U$S 250 for Industrial Design. Also after the Patent is registered we have to start paying the annuities: U$S 300 (for Invention patent and Utility Models) per year and U$S 180 (for Industrial Design) per year.
According to our Patent law, Utility Models and Industrial Designs last 10 years from the filing application date and it could be renewed for 5 more years, Invention Patents last 20 years from the filing application date. The cost for renewing Utility Model is U$S 400 and U$S 320 for Design application.
These costs include Government expenses and our fees. It does not include translations.
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