Venezuela
Fees for registering Venezuela trademarks
First class：
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Additional class：
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Renewal:Notarization & Legalization:
Service Process
Trademark registration time
The current trademark regulations in Venezuela are mainly based on the Industrial Property Law, which came into effect on October 14, 1955. The Venezuelan Patent and Trademark Office is responsible for managing trademark affairs, and the official language is Spanish. Trademark rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Venezuela follows the principle of "application first".
Venezuela is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
Trademark Registration Process
Starting from February 10, 2020, Venezuela will adopt the 11th edition of the International Nice Classification and will not accept applications with multiple categories in one table. The elements that can be registered as trademarks in Venezuela include: text, name, graphics, letters, color, three-dimensional logo, etc.
If the applicant does not reside in Venezuela, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, priority proof documents and corresponding translations must be provided;
5. The power of attorney needs to be authenticated.
The main process for applying for registration of a trademark in Venezuela is: mandatory search - application - acceptance - announcement - examination - approval - issuance. The applicant must first conduct a trademark search, which is mandatory. If no trademark search is conducted, the application will not be accepted. After 1-2 weeks of application submission, the Patent and Trademark Office will first conduct a formal examination, mainly examining whether the application requirements and classification information comply with regulations. After the examination is completed, an announcement will be arranged, and the 30 working days from the announcement date is the objection period. Any interested party or prior right holder may raise an objection, and the main reasons for raising an objection are:
1. Conflict with prior trademarks, such as ownership of prior registered trademarks or prior use of unregistered trademarks;
2. The trademark lacks distinctiveness;
3. Trademarks are descriptive;
4. Trademarks are deceptive;
5. The trademark has adverse effects;
6. Well known trademark;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there is no objection or objection is not established during the announcement period, the Patent and Trademark Office will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it can be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. In a smooth situation, trademark registration takes 3-4 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
Trademark registration materials
The Venezuelan trademark is valid for 15 years after registration, starting from the date of registration; Renewal can be processed 6 months before the expiration date, with no grace period; The renewal period is 15 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
3.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
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