Trademarks Law in Venezuela
Trademark Law in Venezuela
1. Legal Framework
Trademark protection in Venezuela is governed by:
Industrial Property Law (Ley de la Propiedad Industrial), originally enacted in 1995, with several amendments.
Administered by the Servicio Autónomo de la Propiedad Intelectual (SAPI) – the Autonomous Intellectual Property Service.
Venezuela is a member of key international treaties:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (joined in 2007)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
2. What Can Be Registered as a Trademark?
Eligible trademarks include:
Words, names, letters, numerals
Logos, designs, symbols, colors
Three-dimensional shapes and packaging
Sounds and other distinctive signs capable of graphical representation
Marks must be distinctive, not deceptive, and not contrary to public order or morality.
3. Trademark Registration Process
Filing Authority: Servicio Autónomo de la Propiedad Intelectual (SAPI)
Process:
Application Submission with clear representation of the trademark and list of goods/services classified according to the Nice Classification.
Formal Examination for completeness and formal requirements.
Substantive Examination to assess distinctiveness and conflicts with earlier rights.
Publication of the application for opposition.
Opposition Period: 30 days from publication.
Registration if no oppositions or after opposition resolution in favor of the applicant.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
Renewable indefinitely for successive 10-year periods.
Renewal applications must be submitted within six months prior to expiration or during a grace period with additional fees.
5. Rights Conferred
Exclusive rights to use the trademark on registered goods/services in Venezuela.
Right to prevent unauthorized use, imitation, or counterfeiting.
Ability to license, assign, or pledge the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use or counterfeiting of trademarks.
Enforcement actions include civil lawsuits, administrative sanctions, and criminal penalties.
Remedies include injunctions, damages, fines, and destruction of infringing goods.
7. International Protection
Venezuela is a member of the Madrid Protocol, allowing international trademark registration designating Venezuela.
Recognizes priority rights under the Paris Convention.
Cooperates with WIPO and other international organizations.
Summary
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Law (Ley de la Propiedad Industrial) |
| Registration Authority | Servicio Autónomo de la Propiedad Intelectual (SAPI) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 30 days after publication |
| Madrid Protocol Member | ✅ Yes |
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