The short answer
Venezuela still applies its 1955 Industrial Property Law to trademarks. The right to use a registered mark exclusively lasts fifteen years from the date of registration, renewable for successive periods of fifteen years if renewal is requested in the six months before expiry. Opposition is open for thirty working days after publication in the Industrial Property Bulletin, and a mark not used for two consecutive years can lapse.
Trademark deadlines in Venezuela at a glance
These rules come from the Industrial Property Law of Venezuela (promulgated 2 September 1955), read in the official Spanish text on WIPO Lex, which we have translated. Venezuela left the Andean Community in 2006 and the 1955 law is old, so SAPI practice, decrees and fees may differ, and we confirm the current position before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Fifteen years from the date of the corresponding registration, renewable for successive periods of fifteen years (Articles 30 and 31). |
| Which date does the term count from? | The date of registration (Article 30). Each renewal period counts from the expiry of the previous one (Article 31). |
| When can I renew? | The registration can be renewed for successive fifteen-year periods if the interested person requests renewal within the six months before the expiry of each period. Renewal follows the same formalities as the original registration, without the publications (Articles 31 and 87). |
| Is there a grace period? | The Law does not give a grace period. A mark whose renewal period passes without a request ceases to have effect (Article 36(b)). |
| Opposition period | For thirty working days from publication in the Industrial Property Bulletin, anyone can object and oppose the grant, either because the mark falls in the prohibitions of Articles 33 to 35 or because the opponent claims a better right. Nullity for prejudice to a third party can be sought in court within two years of the certificate if no opposition was filed (Articles 77 and 84). |
| Reply to an office action | The Registrar rejects an application that falls within the prohibitions with a written, reasoned resolution (Article 82). After the opposition period without an opposition, or if an opposition is dismissed, the Registrar registers the mark and issues the certificate (Article 81). |
| Priority claim | The Law recognises priority under the Paris Convention. We confirm the filing steps and documents when we file. |
| Non-use | Registration ceases to have effect when the mark lapses because it has not been used for two consecutive years, among other grounds (Article 36(d)). |
| Assignment | The assignment of a mark is registered at the Industrial Property Registry on a request signed by the assignor and assignee or their special attorneys (Article 89). |
Who can register a trademark in Venezuela
Anyone who wants to register a mark files the application at the Industrial Property Registry with a description of the mark, the goods and class, five facsimiles and other documents (Article 71).
Representation. An applicant can file personally or through an Industrial Property Agent, giving the name and address of the attorney when one is used (Article 71).
Trademark registration process in Venezuela
Search
- Search the the Autonomous Service of Intellectual Property of Venezuela (SAPI) records for identical or similar marks in your classes.
File the application
- File with the the Autonomous Service of Intellectual Property of Venezuela (SAPI), through a Venezuelan industrial property agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication in the Industrial Property Bulletin, anyone can object within thirty working days (Article 77).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Autonomous Service of Intellectual Property of Venezuela (SAPI) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Venezuela trademark validity and renewal
- The exclusive right lasts fifteen years from registration.
- Request renewal in the six months before expiry.
- Renewal follows the same formalities, without publication.
- Use the mark to avoid lapse after two consecutive years.
Diarise the six-month renewal window before the fifteen-year date.
Assignment, licence and changes to a Venezuelan trademark
Assignment
Registered
An assignment is registered at the Registry (Article 89).
Nullity
2 years
A nullity action for prejudice to a third party must be brought within two years of the certificate (Article 84).
Renewal
Same formalities
Renewal omits publications and is noted on the original certificate (Article 87).
Fees
Set separately
Official fees are set by the Law and later decrees (Article 47).
Non-use and cancellation of a Venezuelan trademark
A registration ceases to have effect on voluntary surrender, a missed renewal, a court annulment for a better right of a third party, or lapse for two consecutive years of non-use (Article 36).
Keep dated proof of use in Venezuela: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Venezuela
Search the SAPI register and the Industrial Property Bulletin for the application, publication, registration and renewal dates.
Sources used
- Industrial Property Law of Venezuela (promulgated 2 September 1955), official Spanish text on WIPO Lex (translated by us): Articles 30, 31, 36, 71, 77, 81, 82, 84, 87 and 89.
- SAPI for current rules, fees and forms.
Venezuela trademark FAQ
How long does a trademark last in Venezuela, and from when?
Fifteen years from the date of the corresponding registration, renewable for successive periods of fifteen years (Articles 30 and 31). It counts from the date of registration (Article 30).
When should I renew a Venezuelan trademark, and is there a grace period?
The registration can be renewed for successive fifteen-year periods if the interested person requests renewal within the six months before the expiry of each period. Renewal follows the same formalities as the original registration, without the publications (Articles 31 and 87).
What is the opposition period in Venezuela?
For thirty working days from publication in the Industrial Property Bulletin, anyone can object and oppose the grant, either because the mark falls in the prohibitions of Articles 33 to 35 or because the opponent claims a better right. Nullity for prejudice to a third party can be sought in court within two years of the certificate if no opposition was filed (Articles 77 and 84).
How much does it cost to register a trademark in Venezuela?
The official fee is set by the the Autonomous Service of Intellectual Property of Venezuela (SAPI) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Venezuela?
Yes. A foreign company can register a mark in Venezuela, normally through a Venezuelan industrial property agent. We arrange this.
Can I assign a Venezuelan trademark?
The assignment of a mark is registered at the Industrial Property Registry on a request signed by the assignor and assignee or their special attorneys (Article 89).
Can a Venezuelan trademark be cancelled for non-use?
Registration ceases to have effect when the mark lapses because it has not been used for two consecutive years, among other grounds (Article 36(d)).
How can I check the status of a Venezuelan trademark?
Use the the Autonomous Service of Intellectual Property of Venezuela (SAPI) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The Law recognises priority under the Paris Convention. We confirm the filing steps and documents when we file.
How do I change the owner's name or address?
Record the change with the the Autonomous Service of Intellectual Property of Venezuela (SAPI) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Venezuela
SUPREMEiP® files trademarks worldwide through its network and checks every Venezuelan deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
