WIPO-administered Treaties:
Contracting Party of the Madrid System: NO.
Trade Mark Law in force:
1956 Industrial Property Law.
Classification:
Nice classification, 11th edition
Multiclass Applications:
NO.
Registrable trademarks:
Any distinctive signs, such as words, names, acronyms, letters, numbers and devices.
Formal filing requirements:
- Power of Attorney duly notarized and legalized by the Apostille within 30 days from the official request. Extendable.
- Certified copy of the priority application and its translation into Spanish within 3 months from filing date.The translation of the priority application must be signed by a local sworn translator.
Examination:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
Opposition period:
30 days from publication date.
If the applicant fails to reply to an opposition filed within the legal term, the application will be considered abandoned.
Average time from filing to grant:
Approximately 15 months, unless any obstacles were raised.
Term of protection:
15 years from the date of registration for trademarks granted on or after 17 September 2008.
Use requirements:
YES. Cancellation can be requested if the trademark 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 trademark.
Renewal terms:
6 months prior to renewal date.
Grace period: 6 months.
Link to Trade Mark Office:
Venezuela
