Introduction: Your SAS’s Name Is Not Your Trademark

When you decided to set up a company in Uruguay and chose an SAS as your vehicle, you completed a key step: registering the company name with the Commercial Registry. That name identifies you legally as a company, but it does not protect your trade name, logo or brand identity in the market. This is where the National Industrial Property Office (DNPI) comes in. It runs the Uruguayan trademark system and reports to the Ministry of Industry, Energy and Mining. If you want to stop a competitor from using your name, slogan or visual identity, you need to register your trademark formally. This article is for entrepreneurs and business owners whose company is already running and who want to secure their most valuable intangible asset: their commercial identity. We explain the whole process, from the prior search to obtaining the certificate, with information on costs, timeframes and requirements.

Why Trademark Registration Is Separate from Incorporating Your SAS

Many entrepreneurs believe that registering their SAS with the General Registry Office (DGR) already protects their brand. This is a common mistake: company registration only prevents another company from using the same or a confusingly similar company name. It does not stop third parties from registering an identical or similar trademark for products or services in your field.

The Uruguayan trademark system is essentially registration-based: whoever registers first with the DNPI obtains the exclusive right to use the mark in Uruguay for the classes of goods or services applied for. Prior use alone gives limited protection; what matters most is who registers first. This is especially important if you operate in competitive sectors, plan regional expansion or your brand has franchising or licensing potential.

A registered trademark is also a business asset: it can be sold, licensed, contributed as capital, used as collateral and recognised on the balance sheet. If you decide to sell your company in the future, a registered trademark significantly increases its value. The registration does not expire as long as it is renewed every ten years, and maintaining it is relatively inexpensive.

The Prior Search

Before applying, it is essential to search the DNPI database for prior trademarks. This avoids spending time and money on an application that will be objected to or rejected because of identical or confusingly similar earlier marks. The search can be done free of charge on the DNPI website.

We recommend two types of search: phonetic (how the mark sounds) and conceptual (what it means or evokes). The DNPI can reject a mark for phonetic similarity even if the spelling is different, especially if both cover the same class of goods or services. For example, “FreshMix” and “FreshMiks” could be considered confusingly similar if both are for food.

What to Check in the Search

• Word marks: names, words or combinations of words without a particular design
• Figurative marks: logos, symbols, graphic designs without predominant text
• Combined marks: a combination of text and design, the most common type of registration
• Three-dimensional marks: product or packaging shapes (less common but also protected)

If the search shows similar marks in your class, assess with a professional whether there is a real risk of confusion. Not every similarity means rejection: coexistence is possible if the goods or services are clearly different.

When to Hire a Professional Firm

If your brand has strategic value, if you plan to export or if you find prior marks that need analysis, a specialised firm can prepare a full registrability report. This analysis covers not only the national database but also the relevant foreign registries and assesses the risk of opposition by owners of well-known marks.

Classes of Goods and Services: The Nice Classification

The DNPI applies the International Nice Classification, which groups all goods and services into 45 classes: classes 1 to 34 are goods and classes 35 to 45 are services. When you apply, you must state the class or classes in which you will operate. This is not a minor detail: your protection is limited to the classes you apply and pay for.

For example, if you register your mark in class 25 (clothing) and later launch a cosmetics line (class 3), you will have no protection in that new category. Someone else could register the same mark in class 3 and you could not prevent it. That is why it is essential to define from the start your main activity and foreseeable medium-term expansions.

Each class is paid separately, so the cost multiplies with the number of classes. Be strategic: do not apply for unnecessary classes, but do not leave relevant activities unprotected. If your SAS offers both goods and services (for example, software in class 9 and development services in class 42), you will need to register in both.

Most Common Classes for Digital Ventures and Services

• Class 9: software, applications, digital platforms
• Class 35: advertising, business management, e-commerce
• Class 41: education, training, entertainment
• Class 42: technology services, software design, hosting

Procedure, Costs and Timeframes

Once the search is done and the classes chosen, the application is filed with the DNPI, directly or through an attorney (usually a professional registered with the DNPI). It must include the official form, a graphic representation of the mark (if figurative or combined), the classes and goods/services, and proof of payment of the fees.

Registration costs consist of several official fees paid at different stages: filing, publication in the Industrial Property Bulletin, issue of the certificate and, where applicable, responses to oppositions. The exact amount depends on the number of classes and may change with annual fee updates. Budget not only for the fees but also for professional fees if you hire a lawyer or industrial property agent.

The usual timeframes are:

• Initial formal examination: 30 to 60 days from filing. The DNPI checks the formal requirements and absolute grounds for refusal (generic or descriptive marks, marks contrary to public morality, etc.).
• Publication in the Bulletin: once the formal examination is passed, the mark is published for 30 days, during which any third party who considers that the mark affects their rights can file an opposition.
• Resolution of oppositions: if there are none, the process continues. If there are, an adversarial procedure begins that can take several months.
• Issue of the certificate: once all steps are completed, the DNPI issues the registration certificate, valid for ten years and renewable indefinitely.

In total, an application without oppositions takes between six and twelve months. This is not compatible with the immediacy of “Empresa en el Día”, which lets you set up your SAS within 24 hours, so it is advisable to file the trademark application in parallel with or immediately after incorporation.

What Happens If Someone Opposes Your Application

Opposition is a right of owners of registered or pending marks. If they consider your mark confusingly similar to theirs, they can file a reasoned opposition with the DNPI within 30 days of publication. You will then be able to respond, provide evidence of differentiation and argue why your mark is registrable. The DNPI decides administratively, and its decision can be challenged. Oppositions are not frequent, but when they happen they can lengthen the process significantly and add costs. A good prior search minimises this risk.

Renewal, Licensing and Watching Your Mark

Once you have the certificate, your mark is protected for ten years. Before it expires, you must renew it by paying the corresponding fees; renewal is usually possible within a grace period after expiry, with a surcharge. If you do not renew, you lose the exclusive right and anyone can apply for that mark.

Registration also allows you to license or franchise your mark, generating additional income. If you operate in Uruguay and abroad, consider registering your mark in other countries as well. Trademark protection is territorial, so you will need national applications in each relevant jurisdiction, or international systems such as the Madrid System where your filing strategy allows it; check with a specialist which route applies from Uruguay.

Finally, it is advisable to set up a trademark watch: periodically review new applications published in the DNPI Bulletin to detect imitations or unauthorised use. If you detect infringements, the registration gives you standing to take legal action for infringement and unfair competition.

Differences Between Company Types: SRL, SA and Sole Proprietorship

The trademark registration process is the same whether you have an SAS, an SRL, a corporation (SA) or a sole proprietorship. The DNPI does not distinguish by legal form: what matters is that the mark is registered in the name of the owner (individual or company) who uses or will use it in trade.

There is, however, an important operational difference: if your business is an SAS or SRL, the mark will be registered in the company’s name, which makes it easier to record on the balance sheet, transfer together with the shares or quotas and value as a business asset. If you operate as a sole proprietor, the mark will be registered in your personal name, which can complicate a future sale or restructuring.

When deciding which legal structure to choose, the management of intangible assets such as trademarks, patents or domain names is a factor to consider. If you plan to build a brand with commercial potential, scale it or sell it, registering it in the name of a company from the outset avoids later assignments.

Frequently Asked Questions

Can I register a trademark I am already using commercially?

Yes, you can register a mark you already use, but prior use gives limited rights if someone else registered it first. Under the Uruguayan system, exclusive rights are acquired mainly through registration with the DNPI, so it is essential to register as soon as possible. If someone registered an identical or similar mark before you, you may have legal problems even if you have been using it for years. A partial exception is the well-known mark, whose protection can go beyond registration, but proving it is complex and requires evidence of broad public recognition.

Does registering my trademark in Uruguay protect me in other countries?

No. Trademark registration is territorial: a mark registered in Uruguay is protected only in Uruguay. If you operate or plan to operate in Argentina, Brazil, the United States or any other country, you need to register the mark in each jurisdiction, through national applications or the international systems available. MERCOSUR has harmonisation rules on intellectual property, but they do not create a single regional registration. Each registration involves additional costs and procedures, but it is essential if your commercial strategy is international or regional.

What should I do if someone is using my trademark without authorisation?

If you detect unauthorised use of your registered mark, you can take legal action for trademark infringement, unfair competition and, where applicable, damages. The first step is usually a cease and desist letter asking the infringer to stop. If there is no response or the use continues, you can bring civil and criminal proceedings, request interim measures (injunctions, seizure of products), claim compensation and even the destruction of infringing material. The registration is your proof of ownership and the basis for exercising these rights. Without it, your legal position is much weaker and costlier to defend.

Conclusion: Protecting Your Brand Is Protecting Your Business

Registering your trademark with the DNPI is not optional or cosmetic: it is a strategic decision that protects your company’s most valuable intangible asset. If you have already set up your SAS and are operating, registering your mark should be a priority. The process involves a prior search, choosing classes, filing, publication and obtaining the certificate, with timeframes of six to twelve months and costs that depend on the number of classes.

Do not leave your commercial identity to chance: a competitor could register your name, logo or slogan before you and force you to change all your communications, lose market recognition and face legal disputes. The Uruguayan system protects the first to register, not the first to use. If your company has commercial potential, invests in marketing, builds a reputation or plans to expand regionally, trademark registration is essential.

At sociedadesanonimas.uy we support entrepreneurs and business owners not only with incorporation but also with the complementary procedures that ensure a solid, protected operation. We know the types of companies in Uruguay and the best practices for each stage of the business cycle. We can coordinate your trademark registration, run prior searches, file the application with the DNPI, respond to oppositions and ensure timely renewal. Book a consultation with our team.