Venezuela

In Venezuela the legal basis is the Industrial Property Law. Trademark protection is obtained by the registration. On September 12, 2008, the Registry issued an official notice informing the general public that they would no longer be applying Decision 486 and that, instead, they would be applying the 1956 Industrial Property Law. As of such date, the Industrial Property Law has been reactivated entirely.

Trademark registration classification:

Nice Classification

Requirements:

  • Name, nationality, profession and address of the applicant.
  • Details of the trademark owner (name, address, registration number).
  • Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
  • The details of goods and/or services for which the trademark will be registered or the classes in case they are known.
  • A Power of Attorney, duly notarized and legalized up to the Venezuelan Consulate or Certified by Apostille. 
  • A certificate of incorporation or business certificate. This document must be legalized before a Venezuelan Consulate or with Apostille.

Procedure:

  • A trademark application has to be filed before the Trademark Registry by a local agent.
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
  • After in about one month, the Venezuelan PTO make a preliminary examination to verify if the application complies with the formal requirements the trademark application is published in the Industrial Property Bulletin for opposition purposes.
  • The opposition period is 30 working days from publication date of the application in the IP Bulletin.
  • After the objection period has passed If there are no oppositions the trademark will be registred.
  • processing time from first filing to registration is about 12 - 14 months.

Duration and Renewal: A trademark registration in Venezuela is valid for 15 years and starts with registration date. The registration is renewable for periods of 15 years.


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