How to file a Trademark in Venezuela?

What is a trademark in Venezuela?

A trademark in Venezuela is described as the protection against usurpations or imitations that affect the right of the owner. It allows the owner to act against any third party that without his consent uses or applies the protected trademark to other products. In the same way, it allows the owner to prevent any third party from selling or introducing products with the protected brand on the market.

How to file a trademark in Venezuela?

To file a trademark in Venezuela can be done on-line, by post or personally; the form must must contain at least the following:
Sworn translation of documents into Spanish: our in-house translators can assist you.

• TM information

1. Name of the trademark (if it is a design or combination of word + design, we need the corresponding specimens)

    

2. Class/es in which the application is to be filed (or goods/services to be protected). It is also advisable that you send us the description of goods/services so that we can make an appropriate translation and re-classification that will be accepted by the PTO in the different countries.

    

3. Complete name and address of the applicant and state/country of incorporation.

    

4. Priority number and date (if priority is to be claimed); an application can be filed claiming priority within 6 months of the filing date in any country member of the Paris Convention.

    

5. Power of Attorney: signed by the applicant or an authorized officer of the applicant company; the signature must be notarized by a Notary Public and Apostille.

    

6. A certified copy of the priority document (if appropriate), which has to be notarized by a Notary (if appropriate), per country, per trademark, per class. A scanned copy will suffice as well.
   

Also, you may need to file a patent in Venezuela.

How is the process of filing a Trademark in Venezuela?

1. Previous Search: Applicants must verify that their distinctive sign is available to follow the application process. There are also some restrictions on what can be considered applicable. You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge. Click here to initiate the search.

    

2. Submission of Application: Once the trademark application is filled and sent out, the SAPI will review for any errors and missing information to be completed. Registering a trademark in Venezuela grants the holder the exclusive right of use in the market and prevents third parties from using it without their authorization.

    

3. Examination: The examination procedure begins with the filing of a trademark application form with SAPI.

    

4. Formal examination: During which the examiner determines whether the application fulfills formal requirements, such as the name of the applicant, nationality, address, and correct goods or services classification. Most official actions issued during the formal examination relate to the classification of goods or services; and substantive examination, during which the examiner determines whether the mark applied for has already been registered by another party and whether the mark complies with absolute and relative grounds.

    

5. Review of the application and publication for opposition purposes in the Official Gazette.

FAQ

• How long does a Trademark Registration take?
  – Approximately, from 8 months to a year, if there is no incident that delays the process, this is because there are within the procedure, periods established in the Law that must be respected.

   

• How long does the right to a Trademark last?
  – The validity of the Trademark is for 15 years, according to the Industrial Property Law, if after this time you want to maintain the right, you must request its renewal 6 months before expiration.
  

Check out our blog for more information in Intellectual Property.