Venezuela Trademark Registration

Trademark Registration

Basic Concepts

Is trademark registration mandatory?

Registering a trademark may not be compulsory, but it is a good idea. A handful of countries like the United States and Canada recognize unregistered trademarks but offer them less legal protection than ones that are properly registered. Using your mark without formal registration in many countries does not offer sufficient legal grounds to defend your property. Without a registered trademark on file, it is possible for people and businesses from other nations to successfully conduct business under your name in your local market and eliminate any brand distinction.

We recommend you register a trademark in every country, territory, or jurisdiction where you offer your products and services. You do not need to actively use that mark to file a trademark registration application in most countries. However, some nations have a use requirement. Some countries like the United States follow common law and recognize the priority of first use over first filing.

Registering a trademark affords you legal protection and security in the event a dispute arises about the use of your mark in commercial endeavors in foreign countries too. Business activity is global. Your unique ideas and hard work will attract attention from people who see an opportunity to benefit from your idea and good name in their local markets. Protect your business just like you insure your house and your car from accident and theft. We recommend you register as many trademarks as you need if each mark follows registration guidelines.

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.

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).

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.

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.

What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

A patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

a) artwork (2 or 3 dimensional),
b) photographs, graphic drawings, and designs as well as other forms of creativity;
c) songs, music, and sound recordings of all kinds;
d) books, manuscripts, publications, and another written work; and
e) plays, movies, shows, and other performance arts.

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.

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.

Trademark Search

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.

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.

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.

Venezuela Trademark Registration

File and Register your Trademark in Venezuela

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