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Amendments to Trademark Laws

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Feb 20, 2020 (Newsletter Issue 2/20)
Venezuela
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Nice Classification Exclusively / New Official Fee / Accelerated Opposition Examination


The Venezuelan Patent and Trademark Office informed that all new trademark applications have to be filed exclusively under the 11th edition of the International Classification of Goods and Service for the purpose of trademark prosecution of the Nice Convention. This is effective as of 10 February 2020 and the dual system has been ceased where applications had to be filed according to the national classification along with the equivalent international class according to the Nice Agreement.

Further, the Patent and Trademark Office introduced a new official fee when filing for opposition proceedings. As from 10 February 2020, it is mandatory to include the official fee payment receipt as an annex to the opposition writ in order to receive a filing date.

In addition, the Office will introduce an accelerated examination process in order to obtain an early first instance decision of the Office on the opposition. Interested parties would have to file a writ requesting for an accelerated examination and pay the corresponding new official fee during a fixed time frame to receive the new service. It is expected that the new service will be available during the current year.

Venezuela is also preparing for a new Industrial Property Law with the purpose of designing a new, appropriate and updated legal framework involving Patent, Utility Model, Trademark, Design, Geographical Indications, Denominations of Origin, Unfair Competition and modern enforcement regulations among other aspects. The final draft must undergo a public presentation to gather participation of interested parties and a second discussion prior to approval. We will keep you posted on the developments with the assistance of our partner Mr. Sebastian Gonzalez Yanes of Citemark International IP from Venezuela.

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Source: Citemark International IP, Venezuela