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Prosecution Of A Trademark Application In Venezuela

FILING

FORMAL EXAMINATION

PUBLICATION

OPPOSITION PERIOD

SUBSTANTIVE EXAMINATION

GRANTING

REGISTRATION FEES

CERTIFICATE OF REGISTRATION

FILING

The filing date of a Venezuelan trademark is the one assigned when filing the application.

If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.

FORMAL EXAMINATION

Within 4 to 5 months from the filing date

The Venezuelan Trademark Office will determine within 4 to 5 months if the application meets the formal requirements and if it does, the trademark will proceed to publication.

PUBLICATION

Within 3 months of the formal examination

When the Trademark Office deems the application meets the formal requirements, it will order the publication of the trademark for opposition purposes.

OPPOSITION PERIOD

Day of publication + 30 working days

The opposition period starts the day the trademark is published in the Official Bulletin and ends 30 working days later.

SUBSTANTIVE EXAMINATION

5 – 6 months after opposition period ends

During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.

GRANTING

Within 15 to 20 months from the filing date

If no obstacles are found, the Trademark Office will proceed to grant the trademark.

The mark will be protected for a period of 15 years, counting from the granting date.

REGISTRATION FEES

30 working days once the granting decision has been published in the Official Gazzette

After the Venezuelan Trademark Office issues their decision to grant the application, the applicant has 30 working days to pay the registration fees.

If the fees are not paid, the application will be declared abandoned.

CERTIFICATE OF REGISTRATION

2 to 3 months once the period for paying the registration fees has ended

Once the registration fees have been paid and the period for paying the fees has ended, a digital registration certificate will be issued within 2 to 3 months.

Useful Information

Cancellation can be requested if the trade mark has not been used for 2 years, counting from the registration date. 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 trade mark. 

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08017 Barcelona, Spain
p.: +34 935 475 532
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48001 Bilbao, Spain
p.: +34 944 359 809
f.: +34 944 359 600
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PAMPLONA

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31008 Pamplona, Spain
p.: +34 948 198 726
f.: +34 911 331 348
pamplona@balderip.com

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