HSM

Venezuela Trade Mark Guide

Registration
A trade mark can be registered in the Bolivarian Republic of Venezuela pursuant to the Industrial Property Law 1956 which provides for local trade mark applications.

The following information and documentation is required:

  1. name of the trade mark
  2. one copy of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services
  4. applicant’s name and address
  5. Power of Attorney (notarised and legalised / apostilled by the Venezuelan Consulate)
  6. certified copy of priority document (if priority is claimed)
  7. certified Spanish translation of all of the above documents

It usually takes about two years for the Director General at the Autonomous Service of Intellectual Property (SAPI) in the Ministry of Popular Power for Trade to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete SAPI will issue an electronic Certificate of Registration.

Classes
The International Classification system is not used. Goods are cited under the corresponding local classification. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within two weeks.

Renewal
A trade mark registration is valid for 15 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Power of Attorney (notarised and legalised / apostilled by the Venezuelan Consulate).

The application for renewal should be filed prior to the expiration date of the registration. After that time a new application for registration is required.

It usually takes about ten years for SAPI to process an application for renewal. Once the renewal is complete SAPI will issue a Publication of Renewal in the Official Gazette.

If you do not wish to renew the mark please inform us so that we can advise SAPI accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise SAPI accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Venezuela.

To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled by the Venezuelan Consulate) and a Power of Attorney (notarised and legalised / apostilled by the Venezuelan Consulate).

It usually takes about ten years for SAPI to process an application to record an assignment. Once the recording is complete SAPI will issue a Publication of Assignment in the Official Gazette.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Venezuela.

To record a change of name and/or address for a trade mark registration the only documentation required is the document evidencing the change (notarised and legalised / apostilled by the Venezuelan Consulate) and a Power of Attorney (notarised and legalised / apostilled by the Venezuelan Consulate).

It usually takes about ten years for SAPI to process an application to record a Change of Particulars. Once the recording is complete SAPI will issue a Publication recording the change in the Official Gazette.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA