Region: Venezuela

Official trademark search results to be submitted with all applications

The Venezuelan Trademarks Office has issued an official announcement stating that effective from May 5 2009, applicants must provide the official search results together with their trademark application. Failure to comply with this new requirement will result in the rejection of the application.

20 July 2009

Andean Community Decision 486 no longer applicable

The director general of the Venezuelan Trademark Office has issued an unexpected official notice stating that Andean Community Decision 486 on a Common Industrial Property Regime will no longer be applicable in Venezuela. Therefore, the only applicable legislation in IP matters is now the 53-year-old Industrial Property Law.

27 October 2008

Supreme Court interpretation may restrict availability of arbitration

The Supreme Court has admitted a question for a preliminary ruling on the applicability of Article 258 of the Constitution, which establishes that the law must promote alternative means of dispute resolution. Should the interpretation of the court restrict the availability of alternative dispute resolution in Venezuela, this would have an adverse impact on contracts involving trademark and other IP rights.

08 October 2008

'Ebel Paris' advertising campaign held to be misleading

The National Antitrust and Unfair Competition Agency has held that Grupo Transbel, a well-known cosmetics company, had engaged in unfair competition by running an advertising campaign that misled consumers into believing that there was a link between all goods bearing the mark EBEL and the city of Paris.

23 July 2008

H2O is held to be generic for certain beverages

The Venezuelan Trademark Office has rejected the application to register the trademark H2O for products in Class 32 of the Nice Classification (namely mineral water and non-alcoholic beverages) on the grounds that it is generic for those types of goods. This decision sets the precedent that the chemical formula of a product cannot be distinctive for that product.

22 January 2008

Industrial property rights set to lose constitutional status

Following the proposed amendments to the Constitution announced by President Hugo Chávez Frías in August this year, a congressional committee has suggested to remove the concept of 'intellectual property' from the Constitution. Among other things, rights in patents, trade names, trademarks, slogans and geographical indications would no longer have constitutional status.

13 November 2007

Trademark Office finds coffee and fish conserves similar

The Venezuelan Trademark Office has refused an application for the registration of the trademark CAFÉ ALCATRAZ for ground coffee and coffee beans. The office found that the mark applied for was confusingly similar to the mark ALCATRAZ, which covers fish conserves.

24 September 2007

LA PETROLEA violates Hydrocarbons Law

The Venezuelan Trademark Office has annulled the registration of the mark LA PETROLEA in Class 37 of the Nice Classification for "oil and lubricants, vehicle devices and accessories sale services" on the grounds that it violated the Hydrocarbons Law. The mark holder had no authorization from the Ministry of Energy and Mines to register a word relating to a service reserved to the Venezuelan state.

26 July 2007

Imitating baby skin cream wiped from market

Procompetencia, the Venezuelan antitrust and unfair competition authority, has ordered the removal from the market of a baby cream called Crema 10. Procompetencia held, among other things, that the cream's name and get-up imitated those of leading nappy rash cream Crema 0.

17 January 2007

Cartier's COUGAR too tame to oppose local COUGAR

Jeweller Cartier has lost a 10-year battle to oppose the registration in Venezuela of the word and device mark COUGAR for scientific equipment. The Venezuelan Patent and Trademark Office held the evidence filed by Cartier insufficient to prove that its mark COUGAR (registered for watches in various countries) is well known.

13 November 2006

Unlock unlimited access to all WTR content