Venezuela
Venezuela Trademark Registration
Our Trademark Attorneys in Venezuela will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:
Step 1
Trademark Comprehensive StudyA report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Venezuela. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.
Step 2
Trademark Registration RequestThe filing and processing of the Trademark Registration Request before the Venezuelan Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.
Step 3
Trademark Registration CertificateOnce your trademark is approved for registration, you will need to request the Trademark Registration Certificate.
The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.
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Is registration of a trademark mandatory?
There is no legal requirement to register a mark, however, since rights against infringers are only acquired through registration, it is highly recommended. If a mark is not registered, there is a risk that others may register it and prevent the first user from fully using it.
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Which Intellectual Property rights are registrable?
Any mark that can graphically be reproduced and is capable of distinguishing the goods or services of one person from another, e.g., words, names, devices, certain three-dimensional shapes, is registrable.
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Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?
Retail and like services are not registered as trademarks, but they are as trade names also with the IP Office.
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Is there any advantage in using a trademark before filing an application?
Generally, no. However, an opposition based on the prior right to a trademark can be brought.
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How long does the registration process take?
In the absence of objections and oppositions, the registration process takes approximately 1 to 3 years.
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Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?
A registered trademark should be used but there is no requirement to file evidence of use periodically or upon renewal. If a registered trademark has not been used for a period of five consecutive years before an allegation of nonuse is will become vulnerable to cancellation upon application by an aggrieved party.
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In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?
No. The mark must be used exactly as registered.
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How can I know which is the due date for the renewal of a registered trademark?
The term/renewal date of a registration is 10 years from the registration grant date.
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When should I pay the renewal fee of my registered trademark?
A renewal must be filed during the six month period expiring with the renewal date.
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Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?
It is possible to renew for six months after the renewal date with payment of a fine.
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What documents are required for filing a trademark or renewal application?
No documentation is required for renewal if accomplished by the same local attorney. Otherwise the certificate of registration is required for renewal.
