Global Trademark GO: Venezuela - Introduction to Venezuela Trademark Application

Venezuela can apply for product trademarks, service marks, and collective trademarks in words or word combinations, signs and numbers, drawings, legends, number combinations, color combinations contained in symbols, and the shape of objects. Venezuela does not use the Nice classification.

1. Trademark authority:

• Venezuela’s Ministry of Internal Trade and its affiliated Intellectual Property Autonomous Service, English: Servicio Autónomo de la Propiedad Intelectual, SAPI
• Website: SERVICIO DE MARCAS - SAPI:. Servicio Autónomo de Propiedad Intelectual

2. How to apply for trademark registration:

• Electronic submission, paper submission

3. Trademark registration application language:

• spanish

4. Documents required for trademark registration application:

• Trademark registration application form FM-02
• Goods/services list
• Payment receipt or certificate
• The original power of attorney, its Spanish translation and the public translator’s affidavit, as well as the translator’s passport certificate, which must be notarized and certified
• If applying for a mixed trademark, a 5*5 trademark graphic must be submitted by fax with a detailed description, including a detailed description of all elements of the logo.

5. Venezuela trademark registration application process:

• Once submitted, Venezuelan trademark applications will be evaluated in a timely manner. If they do not meet the formal requirements, the examiner will return the trademark application, and the trademark applicant must respond within 30 days. The trademark will then be announced in SAPI's digital newspaper, and anyone can file an objection request within 30 days of the trademark announcement period. If there is no objection, SAPI will initiate a trademark registrability review. Trademark applications that pass substantive examination will be announced in the "Intellectual Property Announcement" and a trademark registration certificate (electronic certificate) will be issued.

6. Documents required for trademark change/transfer:

• Transfer Request (FM-05)/Change Request (FM-08)
• stamp duty
• Name/address change document, and its Spanish translation, original, notarized and certified with public translator's affidavit, passport certification and signature
• power of attorney
• The transfer agreement, its Spanish translation and the public translator’s affidavit, and the translator’s passport certificate, which must be notarized and certified
• Trademark registration certificate
• A copy of the articles of association of the commercial company. If it has been established for more than 5 years, a copy of the company’s business is required.

7. Trademark cancellation

• If a registered trademark has not been used for five consecutive years, anyone can request for cancellation of the published trademark.

8. Trademark objections

• Anyone can file an objection request against the announced trademark within 30 working days from the date of trademark announcement.

9. Authorization, validity period and trademark renewal

• The trademark applicant must pay the registration fee 30 working days after receiving the authorization notice. The validity period of a registered trademark is 10 years, calculated from the date of registration. The request for trademark renewal should be made within 6 months before the expiration of the trademark, and it can be renewed for 15 years and can be extended indefinitely. There is no grace period for trademark renewal in Venezuela.
• Documents required for renewal:
  • Renewal Request Form FM-04
  • Trademark registration certificate
  • A copy of the articles of association of the commercial company. If it has been established for more than 5 years, a copy of the company’s business is required.
  • Letter of attorney and its Spanish translation, public translator’s affidavit, agent’s signature and passport certificate

10. Average time for trademark authorization

• If the registration goes smoothly, the average time for trademark registration in Chile is 8-12 months.

11. Other matters needing attention

• The reform of the Stamp Duty Law implemented in 2015 has significantly increased trademark registration fees in Venezuela and made the management of trademark registration fees more complicated. Applicants’ trademark application fees in Venezuela can only be paid in the Autonomous Intellectual Property Service account. The payment process is not completed until the application is officially stamped by the center, which often results in delays in the payment process;
• Due to the economic sanctions imposed on Venezuela, US dollar remittances to Venezuelan accounts are monitored, which may also cause serious delays in the payment process, which may seriously affect the trademark rights themselves.
• When Chinese companies register trademarks in Venezuela, they not only need to register in the category of goods, but also pay attention to registering in the categories of related goods and services to avoid being registered by others.
• Keep evidence of trademark use as safe as possible in case of emergency.
• Find a Venezuelan agency with reliable service quality and experienced agents.
• Venezuela clearly stipulates that trademarks with pure Chinese characters will not be approved.