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Amendments to Trademark Laws

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Apr 11, 2011 (Newsletter Issue 6/11)
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Late Filing of PoA Abolished

The Venezuelan PTO issued an official announcement, informing that applications not accompanied by the Power of Attorney (PoA) will not be accepted. The late filing of this document has been abolished. The annoucement has become effective end of March 2011. Applications without PoA will not be accepted. Furthermore, copies of the Powers will not be accepted either; only original Powers duly legalized will be valid.

Please find below additional information to this matter:

- Although the above resolution was issued in October 2010 same became effective on March 30th, 2011 without previous warning. The information was verbally informed by the PTO officers, who are in charge of receiving the application filings.
- Until now, the resolution involves only new applications, but no specific mention has been made regarding requirements for renewal proceedings.
- Applications filed before March 30th, 2011 will follow the normal course; in those cases the PTO will officially publish a term to complete the formal requirements.
- It is still possible to file general powers, i.e. for all IP matters of the applicant.
- The Priority documents for trademark or patent applications are not involved in this resolution, therefore same can still be filed later, namely within 9 months (trademarks) and 16 months (patents) as from the filing date of the Venezuelan applications.

Source: Moeller IP Advisors, Buenos Aires, Argentina