Venezuela (VE)
Legal basis is the Trademark Law of September 2nd, 1955, and the Andean Pact Decision no. 486 concerning intellectual property, in force since December 1st, 2000.
Even though, as from April 2006, Venezuela withdrew from the Andean Community of Nations, Andean Decision 486 continues to be applied. The international classification of goods and services consisting of 45 classes has been adopted.
Trademark protection is obtained by registration.
Registrable as a trademark are all distinctive and graphically representable signs, such as words or a combination of words, pictures, figures, symbols, graphic elements, logotypes, monograms, portraits, labels, and emblems, sounds and smells, letters and numbers, a colour demarcated to give it a specific shape, or a combination of colours, the shape of a product its packaging or wrappings, any combination of the signs or means indicated in the items above – as described in Andean Decision 486.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, titles of establishment, appellations of origin, slogans and commercial names.
The application is filed at the Patent´and Trademark Office (Servicio Autónomo de la Propiedad Intelectual).
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A special power of attorney has to be shown (legalised, apostilled).
Through Official Notice dated May 4th, 2009, the Venezuelan Trademarks and Patents Office has stipulated the mandatory similar availability search as a new requisite for filing new trademark applications.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired b use.
The processing time from first filing to registration is approx. 18 months.
Prior to the registration, the trademark application is published in the official Bulletin.
The opposition period is 30 working days from publication date of the application. Oppositions are also possible by owners of trademarks in other member states of the Andean Pact.
Protection begins with the date of registration. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
If the trademark has not been used for a continuous period of 3 years in a member state of the Andean Pact, it may be subject to cancellation.
The official fee is USD 19.00 (approx. EUR 13.00).
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
340,00 € |
250,00 € |
| Word Mark Search (identical) |
310,00 € |
210,00 € |
| Extended Search (word mark, company name, domain) |
830,00 € |
250,00 € |
| Device Mark Search (availability) |
430,00 € |
270,00 € |
| Trademark Owner Search |
340,00 € |
|
| Company Name Search |
590,00 € |
|
| Domain Name Search (extended) |
|
|
| i-Search (word mark availability + legal opinion) |
550,00 € |
420,00 € |
The Prices above are S.M.D. Markeur Search Fees