TRADEMARKS

VENEZUELA

GDP: $381,3 BILLION
IMPORTS: $59.32 BILLION
POPULATION: 30,69 MILLION
TOTAL AREA: 916,445 KM2
CURRENCY: BOLÍVAR SOBERANO (BSS)
OFFICIAL LANGUAGES: SPANISH
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Madrid System: NO

Trademark Law in Force:

1956 Industrial Property Law

Classification:

National classification system (50 classes). The equivalent international class (eigth edition) must be indicated as well.

Multiclass Applications:

NO

Registrable Trademarks:

Any distinctive signs such as words, names, acronyms, letters, numbers and devices.

Formal filing requirements:

• Power of Attorney duly notarized and legalized within 30 days from the application date.

• Certified copy of the priority application and its translation into Spanish within 60 days from filing date. The translation of the priority application must be signed by a sworn registered local translator.

Examination:

Absolute grounds for refusal: YES

Relative grounds for refusal: YES

Opposition period:

30 days from publication date. According to the Industrial Property Law if the applicant fails to reply an opposition notified within the legal term the application will be considered “abandoned

Average time from filing to grant:

Approximately 15 months unless any obstacles were raised.

Term of protection:

15 years from the date of registration for those trademarks granted from September 17, 2008 on.

Use requirements:

YES. The cancellation can be requested if the trademark has not been used for a time period of 2 years, counting from the date of registration. However, as the burden of proof of non-use rests on the applicant of the cancellation request, in practice it is extremely difficult to obtain the cancellation of a trademark.

Grace period for renewal:

Not available

Link to Trademark Office:

http://www.sapi.gob.ve/

© 2019 Balder IP Law S.L. Todos los derechos reservados.