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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.