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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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Are there any benefits from a pre-filing use of the trademark?
There are no benefits from a pre-filing use of the trademark.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Venezuela?
- names
- words
- devices
- colours that are defined by a shape
- certain three-dimensional shapes
- sounds
- slogans
- trade dress/get-up
- well-known marks
- collective marks
- service marks
- certification marks
Note: There are no cases in connection with holograms, smells, motion, taste or touch. Contact Marcaria.com for more information.
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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:
- Examination in respect to formalities
- Publication of the following particulars:
- mark
- application number
- application date
- name of applicant
- citizenship of applicant
- address of applicant
- state or country of incorporation of applicant
- goods/services
- representation of trademark
- specimen(s) of use
- Registration
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What type of trademark is not registrable?
- marks that contradict moral standards or public order
- generic terms
- flags, names, or symbols of nations, states, regions, or of international organizations
- marks that function primarily as surnames
- marks that function primarily as geographic location names
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Does Venezuela use the "Nice Classification" system?
Venezuela uses the Nice Classification System.
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Does the Community Trademark apply for Venezuela?
Venezuela does not follow the Community Trade Mark registration which is currently known as the European Union Trademark 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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What will be the renewal date of my trademark?
The first renewal date of a registration is 15 years from the first registration date.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use an unregistered mark for any goods or services.