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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Comprehensive Trademark Study
Planning to file a trademark in Venezuela? Don't risk wasting time and money on a registration that won't go through. Our Comprehensive Trademark Study helps you identify potential issues before you file, including conflicting trademarks and registrability issues. Our expert trademark attorneys provide an opinion on the registration possibilities of your trademark, giving you the confidence you need to move forward with your application.
Identify Potential Conflicts Before Filing Your Trademark
Expert Guidance to Avoid Costly Legal Disputes
Streamline Your Trademark Registration Process
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Step 2 - Trademark Application Filing
Our team of trademark attorneys will handle the entire process of filing your trademark application in Venezuela, ensuring that all necessary formalities are completed for the approval and final registration of your trademark. We'll keep you informed every step of the way, starting with a filing report that includes your application number and date of submission, as well as a scanned copy of your application. You can be confident that your application will be processed quickly and accurately.
Experienced Trademark Attorneys for Your Application
Filing Report and Scanned Copy of Trademark Application
Online Tracking of Trademark Registration Status
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our team will handle all the formalities necessary to obtain your trademark registration certificate in Venezuela, ensuring the process is completed smoothly and efficiently. Once the certificate is issued, we'll send it to your address along with a report that includes your registration number. We'll also monitor and notify you of any important dates related to your registration to ensure that your trademark remains in good standing.
Experienced Trademark Attorneys Assistance
Delivery of Registration Certificate and Report
Monitoring and Notification of Important Dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 15 months, if no objections or oppositions arise.

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If I register my trademark in Venezuela, do I have protection in other territories?

The territorial limit of registration is Venezuela.

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Do I need to sign a Power of Attorney?

A power of attorney is required.

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What are the phases of application after a trademark has been filed in Venezuela?

The order of the application process is as follows:

  1. Examination in respect to formalities
  2. Publication of the following particulars:
    1. mark
    2. application number
    3. application date
    4. name of applicant
    5. citizenship of applicant
    6. address of applicant
    7. state or country of incorporation of applicant
    8. goods/services
    9. representation of trademark
    10. specimen(s) of use
  3. Registration
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Is there any possibility to claim priority in Venezuela?

Applicants may claim priority if:

 

  • their home country is a member of the Paris Convention
  • their home application was filed six months earlier than the filing date in Venezuela
  • their home country is a member of the World Trade Organization
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What do I need to do to satisfy the use requirement?

A trademark must be used within two years from the registration date.

 

The amount of use must be on a commercial scale. It must also reflect the relevant market for the specific product or service.

 

Use of the trademark must occur in Venezuela.

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Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 15 years which is calculated from the registration date.

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Does having a registered trademark in Venezuela give me any right?

Registration is obligatory to obtain rights in a trademark. Venezuela follows the 'first to file' principle.

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Is there any need to use my trademark before I apply for registration?

Neither actual use nor intent to use is required for application.

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Who can contest my trademark application?

For oppositions based on absolute grounds (lack of distinctiveness, colour per se, or the name of the currency), anyone may oppose.

 

For oppositions based on relative grounds, the opponent must prove legal interest.

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Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • the mark is descriptive
  • the mark is generic
  • the mark is not distinctive
  • the mark is functional
  • the mark is misleading, disparaging, or deceptive
  • protection of armorial bearings, State emblems, and flags
  • the mark is inclusive of a geographical indication
  • the mark is contrary to public policy or principles of morality
  • the mark is used in a misleading manner
  • the mark is prohibited in this jurisdiction
  • application in bad faith
  • the mark is unused for a continuous two-year period
  • See Section VIII.A. Use Requirements
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Are there any rights established by having a registered trademark?
  • the exclusive right to use the registered trademark
  • the right to file an opposition case against later conflicting applications
  • the right to file a cancellation action against a later conflicting registration
  • the right to sue third parties for infringement or for using a confusingly similar mark
  • the right to license interested parties to use the trademark
  • the right to apply for counterfeit goods to be seized by customs authorities
  • the right to receive compensation for infringement
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How long is the opposition period?

The opposition period begins on the publication date in the official bulletin.

 

The opposition period ends 30 working days after the publication date in the official bulletin.

Basic Concepts
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

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Do I have to specify the products and services?

Yes, you have. It is not possible to register trademarks that are too descriptive or generic. For example, you cannot register the term 'CAR' for automobiles. You also cannot register a trademark that is like other marks. For example, you cannot register a trademark like HAMASON as an online bookstore because it resembles the Amazon brand name.  

If you are unaware of which class or classes best protect your goods and services, we recommend you order the Trademark Study. Our experienced attorneys will review your product or service description and match it to the class or classes most for your business activity. 

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What is a priority claim and when can I use it?

A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property. It enables you as the owner of a filed trademark to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application as long as you file the subsequent applications within six months of your original trademark application.  That means if you apply for a trademark in Canada, five months later, you can apply for a trademark in France using the effective date of your Canadian application.

We strongly recommend that you submit your additional applications as soon as possible after your base application.  Many countries have strict requirements regarding the type of documentation required in order to claim priority (sometimes including legalization and translation of the original application). 

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What happens if oppositions or objections arise during the registration process?

The purpose of the Trademark Study is to assess the probabilities of objections and oppositions. If objections or oppositions arise, Nominus.com relies on experienced Trademark Attorneys that will guide you in the appropriate course of action.

Upon notification of an office action or opposition, we strive to:

  • Communicate the details of the action to you as quickly as possible.
  • Include future steps and possible arguments.
  • Monitor deadlines and explain the costs to prepare and submit a response, if applicable.
     
Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a trademark search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use our free trademark search engine, or others like the TMView trademark search engine, to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that shows no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time-consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a complete trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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