Region: Venezuela

New Industrial Property Law on the horizon

Following Venezuela's withdrawal from the Andean Community in April 2006 and its accession to MERCOSUR in July 2006, Venezuela's trademark law is in a state of flux. In a bid to clarify matters, a permanent commission of the National Assembly is working on a new Industrial Property Law, which will adopt all the principles established in the international treaties to which Venezuela is signatory.

27 September 2006

Fee increase blocked pending constitutionality challenge

As part of an examination into the constitutionality of the Venezuelan Trademarks Office's decision to increase its fees for trademark and patent matters, the Supreme Court of Justice has ordered that the increase in fees be suspended in respect of the recordal of mergers and licences while the main action is decided.

23 June 2006

Use of identical word in ad campaign for identical services is fair

The Venezuelan antitrust and unfair competition authority has rejected a complaint against the use by Telcel of the Spanish personal pronoun '<i>me</i>' in an advertising campaign. The authority found, among other things, that while Telcel's use of the pronoun held some similarities with the complainant's use of the same pronoun in its campaign for identical services, graphical elements precluded any likelihood of confusion.

07 April 2006

Time called on CLARA PILSEN mark

The Venezuelan Trademark Office has rejected Cervecería Union SA's appeal against a decision to refuse its application to register the mark CLARA PILSEN for goods in Class 32 of the Nice Classification. The Trademark Office held that the mark was generic and descriptive since it comprised the Spanish word '<i>clara</i>' (meaning 'shandy') and the name Pilsen, which refers to a type of beer.

26 January 2006

New law contains good news for IP rights owners

A new law has come into force introducing provisions that are clearly designed to extend the protection of intellectual property in Venezuela. The Customs Tariffs Law sets out a prohibition against removing infringing goods from customs premises in order to reinforce Venezuela's frontier measures.

08 December 2005

Anti-piracy display aims to alert public to perils of counterfeiting

The Subcommittee Against Intellectual Property Infringement has created a travelling exhibition of pirated products created and sold in Venezuela. The display is part of an education programme designed to increase public awareness of counterfeit products, and is being shown to companies and organizations that are involved in intellectual property.

25 November 2004

New subcommittee aims to stop pirates in their tracks

Created in February, the Subcommittee Against Intellectual Property Infringement is waging a war against IP pirates. Among its various reforms, the subcommittee has initiated (i) an induction and training workshop for customs and tax officials to help them recognize IP infringement, and (ii) a consumer education campaign.

15 October 2004

General interest prevails over private agreement, registrar affirms

The Venezuelan Trademark Office has refused to register the mark ZENIT, finding that a coexistence agreement between the applicant and the owner of the prior registered mark ZENITH would not eliminate the likelihood of confusion. The registration would thus be contrary to the general public's interest.

20 April 2004

Rum appellation of origin RON DE VENEZUELA registered

The Venezuelan Trademark Office has registered RON DE VENEZUELA ('Rum of Venezuela') as an appellation of origin. The appellation is to be used by Venezuelan rum producers that (i) are based in specific areas, and (ii) comply with the norms and conditions to be drafted and audited by a special council.

02 March 2004

US company fails in bid to register PARIS COLLECTIONS

The Venezuelan Trademark Office has refused US-based Eurostar Perfumes' application to register the mark PARIS COLLECTIONS for cosmetics and perfumes. It held that the mark implied that the goods came from Paris, France - a well-known point of origin for cosmetics and perfumes. Allowing a US company to use the mark for goods that did not come from Paris was likely to cause deception in the marketplace.

05 February 2004

Unlock unlimited access to all WTR content