Venezuela Trademarks Information
Do you need to file a new application, renew or modify your trademarks in Venezuela? You are in the right place.
venezuela FAQ
how to issue a power of attorney -poa- for a latin american country?
which are the patent application requirements in venezuela?
multiclass trademark registration
in what countries is possible to claim a patent an use and a second use?
what is the time frame for a third party to file an opposition in a trademark application procedure?
what are the intellectual property offices in latin america?
what is the time frame for a third part to file an opposition in a patent application procedure?
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Trademark Acts
1. industrial Property Law (1956)
2. Administrative Procedures Organic Law (1982)
3. Law on Commercial Advertisement (1944)
Regulation
• Decree No. 368 of October 5, 1999, with the status and force of law, on Simplification of Administrative Formalities
International convention
WIPO, WTO, General Inter-American Convention for Trade Mark and Commercial Protection, and Paris convention
Trademark registration Requirement
1. Complete applicant identification, (name, address, Phone number, E-mail address) If the applicant is a corporation, it is required the same information noted above, for the legal representative.
2. Design of the trademark logo in gif or jpg. Format (If the trademark is stylized -logo-) If the colors are important then you should send the logo in color.
3. Accurate and complete indication of the products or services that you wish to protect with the trademark. An application can only be filed for products or services included in one single class. Multiclass registration is not allowed in Venezuela.
4. The class according with the ninth edition of the Nice International Classifiaction http://www.wipo.int/classifications/nivilo/
5. The priority document issued by the competent authority, if you wish to claim trademark priorities.
6. A simple (non-official) translation to Spanish Language of the priority document.
7. The Power of Attorney. This POA must be notarized and legalized up to the Venezuelan Consulate in your country. If your country is part of the Hague Apostille Convention, an Apostille is sufficient. Check if your country is part of this convention in:
http://www.hcch.net/index_en.php?act=conventions.status&cid=41#mem
8. A certificate of incorporation or business certificate. This document must be legalized before a Venezuelan Consulate or with Apostille.
9. A simple (non – official) translation to Spanish language of the business certificate or certificate of incorporation. For documents not sent in Spanish language, we offer you a translation service (From English to Spanish only).
Trademark registration procedure
Any person claiming to be the proprietor of the trademark is entitled to obtain registration by filing a request in the prescribed manner and by paying the requisite fee.
1. The registration process begins filing an application in the Venezuela Trademark and Patent SAPI
2. After in about one month, the Venezuelan PTO will make a preliminary examination to verify if the application complies with the formal requirements.
3. Prior this examination, the trademark is published in the Official Gazette of the Patent and Trademark Office.
4. During the publication stage it is possible to make objections. Third parties will have 30 labor days after publication date for presenting oppositions. If oppositions are made then the opposition procedure will start. If there are no oppositions the Venezuela PTO will perform the final examination and decide whether the trademark is granted or denied.
5. After the objection period has passed (If there are no oppositions) the PTO will perform the final examination and decide whether the trademark is granted or denied according with the trademark law.
6. The decision is issued in the Official Gazette of the Patent and Trademark Office.
7. With the granted decision, the applicant have 30 labor days for pay the requisite fee.
8. Reconsideration and appeal: Finally the Venezuelan PTO may grant or deny registration of new trademark. If deny, the applicant can file a reconsideration or an appeal in order to change the PTO decision, for this have 15 labor days.
9. A trademark registration in Venezuela is valid for 10 years from the filing date, The registration is renewable for periods of 10 years.
