Uruguay has introduced a new regulatory framework for Geographical Indications (GIs) and Appellations of Origin (AOs), creating a clearer registration process and new coexistence rules for earlier trade marks. These changes provide greater legal certainty for producers, service providers and trade mark owners, while also paving the way for implementation of the MERCOSUR Agreement on Geographical Indications, which is due to enter force on 01 November 2026.
The provisions relating to prior rights and the treatment of earlier trade marks are likely to be of particular interest to existing trade mark owners.
Businesses using geographical terms in branding, as well as producer groups seeking protection for regional products, should be aware of these developments.
Who can apply?
Unlike a standard trade mark application, an AO or GI application cannot be filed by an individual business looking for exclusive brand ownership. Producer and supplier groups based in the relevant region, as well as interested public authorities, may apply for GI or AO protection.
Requirements for application
Applications must identify the GI or AO, define the relevant geographical area, and be able demonstrate the connection between the product or service and its origin.
Cancellation
Protection of a registration may be revoked if use in the relevant area ceases for more than 5 years.
Identifying seal
GIs and AOs may use a dedicated seal or logo, subject to review by the National Directorate of Industrial Property (DNPI) for possible conflict with the rights of existing marks.
Coexistence with earlier trade marks
Earlier trade marks filed in good faith may continue to coexist with a GI or AO and retain protection, provided their use is not likely to cause confusion regarding the origin of the goods or services.
Non-registrable terms
Generic terms, plant variety names and animal breed names cannot obtain protection.
Protection for prior users
Users of unregistered trade marks can oppose later conflicting applications, provided they can show at least one year of prior public and continuous use in Uruguay. If the opposition succeeds, the prior user must file its own trade mark application within 10 days.
Should you require further information regarding these new developments, please do not hesitate to contact us.
