Trademark application Venezuela

Trademark registration Venezuela

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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Venezuela?

The costs of trademark registration in Venezuela depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Venezuela?

In order to protect a trademark in this country, it is necessary to register your trademark in Venezuela. Trademark registration in this South American country is regulated by the SAPI (El Servicio Autónomo de la Propiedad Intelectual), the Venezuelan intellectual property agency. Active use of your trademark prior to registration is not necessary. Venezuela is not a member of the Madrid Protocol, which means that international extension of trademark registration within this territory is not legally valid. To realize brand protection, you can only follow the local (national) route.


How can you register a multi-element mark in Venezuela?

If you want to apply for trademark protection in Venezuela, this can consist of a word element, a figurative element (logo) or a combination of both. In the latter case we speak of a combined trademark. If you are going to register this combined trademark in Venezuela, the protection you obtain after successfully completing the application process only applies to the exact combination of elements, as you have offered it to SAPI.

In practice this means that third parties can use the loose, unprotected elements for their own purposes. You can only object to this if this person or company offers the same products or services as you, or things that are very similar. The ground of your objection is then confusing similarity. To prevent such things, it is strongly recommended to start a separate application procedure for the individual elements that you want to use for promotional purposes.


What steps do you take to register a trademark in Venezuela?

The registration process starts by completing an application with the SAPI. Within about a month, this agency will conduct a formal investigation to determine whether all formal requirements are met. Prior to this assessment, your application will be published in the official trade gazette.

An opposition period of thirty working days starts on that publication date. Third parties then have the opportunity to lodge an objection, for example because they believe that registration of your trademark infringes their previously acquired rights. If no objections are submitted, the intellectual property office will continue with a substantive assessment, from which the decision on whether or not your trademark can be registered will follow. The decision will again be published in the trade gazette. You then have thirty days to pay the registration fee.


Possible obstacles during the registration process

Providing all necessary information and conducting a trademark search prior to submitting an application increases the chance of success. Should obstacles arise in this trajectory, this concerns one of the following three situations:

  • the Venezuelan Intellectual Property Office has received incomplete information and asks you to provide it in order to continue the process
  • during the 30-day opposition period, a third party files an objection bezwaar
  • a negative decision results from the substantive investigation by the SAPI. As an applicant, you can submit a request for reconsideration. Its success is highly situation dependent.

What information and documents are required?

If you want to apply for protection of a trademark in Venezuela, it is vital that you provide all the necessary information to avoid delays in the process and possible rejection in the first stage. The supplies are:

  • personal information of the applicant
  • design of the logo in GIF or jpg format. If colors are important, the logo should be sent in color
  • complete indication of goods and services you wish to protect with the brand merk
  • the classes to which your products or services fall, according to the Nice Classification
  • if applicable: the priority document and a Spanish translation thereof
  • the power of attorney, legalized by the Venezuelan consulate in the Netherlands
  • a company certificate, legalized by the Venezuelan consulate and a Spanish translation thereof

How long is the trademark protection valid?

Once you have been able to register your brand name in Venezuela, it enjoys protection for no less than fifteen years. That is considerably longer than in most other countries. Extensions can be requested from six months before the end date of the current period. There is no grace period. If the protection of your trademark expires, you will have to start an application procedure again.


Rules about non-use

If you want to register a trademark, you do not need to have it in use at the time of the application procedure. This does not necessarily have to be the case immediately after a successful registration. However, is your trademark still inactive two years after registration? Then third parties may lodge an objection with SAPI, which will then look into the validity of your trademark. This may result in the decision to cancel your trademark. To avoid this, use of your trademark must be at a commercial level within the first two years after registration.

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