LUIS ELIAS & ASOCIADOS is an intellectual property law firm originally established in Venezuela as Luis·Elias - Marcas & Patentes, in 1983, specialized exclusively in the registration, protection and enforcement of Trademarks, Designs, Patents of Invention, Trade Secrets, Domain Names; and Patent translation services.
Best protection for intellectual property assets that comprises a real involvement in our customers' success.
Trademark Registrations in Venezuela are granted for fifteen (15) years, and are renewable for successive periods of time. In case oppositions are not answered, it will be understood by the administration that the opposed application has been abandoned.
Patents of Invention in Venezuela are granted for up to twenty (20) years counted from the date of allowance. Patents are to be maintained by anticipated annuities. The first one is paid jointly with the application.The second, once the patent is registered. The third, and subsequent annuities are to be paid prior to each anniversary of the patent.The validity of the patent is restorable only once, if the corresponding annuity was not paid in due time. Venezuela is not a member to the Patent Cooperation Treaty (PCT).
Patents of Designs in Venezuela are granted for up to ten (10) years counted from the date of allowance. Designs, be them industrial models or industrial designs, are to be maintained by anticipated annuities in the same manner, and with the same consequences as for patents of invention.Previous use by applicant is not an obstacle towards their registration..
ONLINE APPLICATIONS IN VENEZUELA
Since April 27, 2020 it has been operating in Venezuela, an online filing system for: 01) Trademark applications, 02) Patent applications, 03) Changes of owners names and their domicile, assignments, mergers, licenses of use, and 04) Copyright applications.
All original documents that should be filed jointly with the applications, such as powers-of-attorney, certifications of priority, deeds of assignment, et cetera, same that must continue to meet the legal requirements of notarization, consular legalization or Apostille, and official translations in the cases that correspond, should be filed, for the time being, and further to the application within the next business week declared as such by government. (Updated on May 6, 2021).
We are at your entire disposal, to advise and assist you at all times in the protection of your intellectual property, and with special dedication, while the State of Alarm to attend the Sanitary Emergency lasts.
ENFORCEMENT OF TRIPS IN VENEZUELA
Starting October 1, 2020 the Venezuelan Patent and Trademark Office and the National Copyright Service which operate under the direction of an Autonomous Service known as SAPI, have begun to officially apply all normative related to the Trade Related Aspects in Intellectual Property Rights (TRIPS) contained in Annex 1C of the Agreement whereby the World Trade Organization is Created, also known as the Marrakech Agreement, in force in Venezuela since 1994.
All interested parties may invoke these norms on their behalf on any applications, or writs filed before the offices mentioned above, as well as those of other international agreements on the matter to which TRIPS refer, and which also have been incorporated into the internal order by the corresponding Approving Law.
Later on, we will continue to inform our clients on the implications and effects of this important announcement.
REDUCTION OF LEGAL FEES
Due to its 24th anniversary of creation as an Autonomous Service, the Venezuelan Patent and Trademark Office and its National Direction of Copyright have publicly announced a substantial reduction of its fees for industrial and intellectual property matters, that go from 30 % up to 50 %, and which involve among others, the filing of new trademark and patent applications. This reduction will last from May 6 through June 6, 2021. We invite our clients and associates who have been considering making new filings in Venezuela, to profit from this interesting opportunity.
“If the human race wishes to have a prolonged and indefinite period of material prosperity, they have only got to behave in a peaceful and helpful way to one another, and science will do for them all they wish and more than they can dream."
You may contact us using the following information. We will be glad to assist you.
58-212-266-1903 / 264-1961
Multicentro Empresarial del Este,
Núcleo A, Piso 9, Ofc. A92, Av. Libertador,
Chacao. Caracas 1060. Venezuela.