Why and how to register a trademark in Venezuela

In order to protect trademarks in Venezuela, they must necessarily be registered locally.

Trademark registration in Venezuela is done through the Venezuelan Intellectual Property Office (SAPI). Prior use is not required in order to file or register a trademark in Venezuela.

If you register a combined trademark (which includes both word elements and figurative elements) in Venezuela, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Opposition against the registration of a trademark may be presented up to 30 business days after the trademark is published in the official industrial property bulletin. All applications are published before formal examination of the application by the trademark office. Therefore, even though a trademark is not opposed, it still may be refused by the trademark office.

A registered trademark in Venezuela will be valid for 15 years, term that begins from the date of actual registration. Trademarks may be renewed up to six (6) months before the expiry date. There is no grace period for late renewal. If a trademark expires, the only way to regain protection would be through a new independent registration.

Although a trademark does not have to be used in order to be registered, once registered, if it is not used within two (2) years from registration, cancellation actions against the trademark may be presented by third parties. Use of the trademark must be on a commercial scale.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Venezuela (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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