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Country trademark guide · Updated

Trademark registration in Venezuela

In Venezuela you file with the Autonomous Intellectual Property Service (SAPI). Venezuela is not in the Madrid System, so a local agent files directly; the 1955 Industrial Property Law still applies, one application covers one class only, registrations last 15 years, and official fees are set in Petro (PTR) at SAPI's published rates.

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Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

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Five questions first

Which route?No Madrid designation: a Venezuelan industrial property agent files directly with SAPI, one class per application; to cover several classes, file several applications.Details ↓What do I need?Applicant's name, address and nationality; a description of the mark and a 5 × 5 cm reproduction; a Spanish translation of any foreign wording; goods and Nice class; a power of attorney, notarised, officially translated and apostilled.Details ↓How are official fees charged?In Petro, per application and per class: 1.80 PTR at filing, then a 3.50 PTR registration fee after approval; 1 PTR is about USD 60. Service fees are quoted after you submit the order.Details ↓How long does it take?Statutory: 30 business days to oppose after Bulletin publication, 30 business days to pay the registration fee after approval is published. SAPI's website says about 8 months to 1 year without incidents; no statistics are published.Details ↓What are the main risks?One class per application; a "better right" opposition goes to court and suspends the case; approval lapses if the registration fee is late; 2 years of non-use allows cancellation; fees are set in Petro.Details ↓
Key facts

Trademarks in Venezuela: key facts

OfficeAutonomous Intellectual Property Service (Servicio Autónomo de la Propiedad Intelectual, SAPI), under the Ministry of Industry and National Commerce; trademarks are registered by its Industrial Property Registry (Registro de la Propiedad Industrial). Website and search links: IP Toolbox.
LawIndustrial Property Law (Ley de Propiedad Industrial), passed on 29 August 1955, published in Official Gazette No. 24,873 of 14 October 1955 and reprinted in Official Gazette No. 25,227 of 10 December 1956. After Venezuela left the Andean Community on 22 April 2006, SAPI announced on 17 September 2008 that this law applies again and Andean Decision 486 no longer does
How rights ariseBy registration: exclusive rights run from the registration date, and the filing date and time decide the order between applications. An application is only an expectancy; the right arises once approval is published and the registration fee is paid
Madrid SystemNot a member: Venezuela cannot be designated in a Madrid international registration; direct filing only
International treatiesParis Convention in force for Venezuela since 12 September 1995 (Stockholm Act); WTO TRIPS Agreement applicable since 1 January 1995; not a member of the PCT, the Hague Agreement or the Nice Agreement
One class per application (statutory)Each application may cover one class only; several classes mean several applications. Since 10 February 2020, classes follow the Nice Classification, applied on a supplementary basis
Foreign applicantsYou may file yourself or through a registered industrial property agent; a power of attorney signed abroad must be notarised, translated into Spanish by a Venezuelan sworn public translator and legalised by consul or apostilled. In practice a local agent handles the filing
Publication (statutory)After the formal examination the application is first published in SAPI's digital newspaper, then in the Industrial Property Bulletin; Bulletin periods run from the date the issue takes effect, which SAPI announces in a notice for each issue
Opposition period (statutory)30 business days from Bulletin publication; if opposed, you have 15 business days to review the opposition and a further 15 business days to reply; no reply means the application is deemed withdrawn
Registration fee (statutory)After approval is published in the Bulletin, pay the registration fee and collect the certificate within 30 business days; if unpaid, the approval lapses
Appeals (statutory)Against refusals and other decisions, 15 business days from the Bulletin's effective date to seek reconsideration or file a hierarchical appeal; reconsideration of a refused application can only be filed through the WEBPI system
Term and renewal15 years from the registration date, renewable indefinitely for 15-year periods; apply within the 6 months before expiry; since July 2024 SAPI allows a 6-month grace period after expiry with a surcharge
Non-useA registration unused for 2 consecutive years lapses and is cancelled; non-use cancellation requests are filed at SAPI's single service window
Filing feesIn Petro: 1.80 PTR for form FM-02 and digital newspaper publication, 3.50 PTR registration fee after approval, each paid once per application (per class); in force since 13 September 2021

Checked on 2026-10-11; general information only — the office's published rules and fees prevail.

Which route

Direct filing: whether to claim Paris Convention priority

Venezuela is not a Madrid System member, so it cannot be designated in an international registration; an industrial property agent in Venezuela files directly with SAPI. The real choice for a foreign applicant is whether to claim Paris Convention priority from an earlier home application. The 1955 Industrial Property Law has no trademark priority clause; since 1 October 2020 (Official Notice DG-09-2020) SAPI directly applies the more favourable provisions of the TRIPS Agreement and of the international agreements it incorporates that have been enacted into Venezuelan law, including the Paris Convention, and applicants may invoke them in their applications.

ItemDirect filing without priorityClaiming Paris Convention priority
PrerequisiteNone; use this if you have no earlier application abroad, or if it is more than 6 months oldFile in Venezuela within 6 months of your first application abroad, for the same mark and the same goods
Order of priorityThe date and time of filing with SAPIYour earlier filing date abroad counts; applications filed by others during the priority period cannot be held against you
Legal basisThe filing and examination procedure in Articles 70 to 88 of the Industrial Property LawArticle 4 of the Paris Convention (in force for Venezuela since 1995), applied directly under SAPI Official Notice DG-09-2020; the law sets no form of declaration or supporting documents, so follow the agent's instructions
Official fees1.80 PTR for the application form and publication, 3.50 PTR registration fee after approval (one application per class)The same; SAPI's fee schedule lists no priority fee
RiskAnyone who files first in the gap between your home application and your Venezuelan filing can block youThere are no written rules for the procedure, so how examiners handle the declaration and evidence is uncertain; confirm the filing method with the agent
Best forYou have not filed at home yet, or your home application is more than 6 months oldYour home application was filed less than 6 months ago, especially if you fear pre-emptive filings in Venezuela

If you are also filing elsewhere in South America, compare Trademark registration in Colombia and Trademark registration in Brazil: both are Madrid members and can be designated together in one international registration, while Venezuela must be filed separately and directly.

Either way, each class needs its own application and its own fees. Not sure? Run a free search first, then submit an order online; the agent will advise you based on the search results. For a general comparison of the two routes, see Madrid designation or direct national filing: which one fits your case.

What to prepare

Documents checklist

Filing through a Venezuelan industrial property agent, foreign companies and individuals usually prepare the following. Before filing, SAPI requires a paid search of earlier marks (a phonetic search for word marks, plus a figurative search where the mark contains a device), and the search report is filed with the application.

Applicant

  • Name, address and nationality; for a company, the country of incorporation and the name of its legal representative
  • Whether the goods bearing the mark are produced in Venezuela or abroad; if abroad, whether the mark is registered in the country of origin
  • If the mark is already in use, for how long (use is not required to file)

The mark

  • A full description of the mark identifying its main distinctive elements; a mark consisting only of words with no particular typeface needs no reproduction
  • For figurative or combined marks, a 5 × 5 cm reproduction with an item-by-item description of the elements, colours and layout
  • Any wording or notes in a language other than Spanish need a Spanish translation; for a mark in non-Latin script, such as Chinese characters, give its meaning or a transliteration

Goods or services

  • Specify the goods or services and the Nice class; each application covers one class only, so file separately for each class
  • The application must state that the mark is not similar to marks already registered in the same or a related class; the law lists this among the required contents

Priority

  • If you claim Paris Convention priority, state the filing date and number of your earlier application abroad; the filing method and supporting documents follow the agent's instructions

Power of attorney

  • The power of attorney must be notarised; if signed abroad, it must also be translated into Spanish by a Venezuelan sworn public translator and legalised by consul or apostilled. Venezuela is party to the Apostille Convention, so if your country is too, an apostille replaces consular legalisation
  • SAPI files the original in its register of powers of attorney and assigns it a number; the same agent's later applications can cite that number instead of filing a new power

Provide the power of attorney and other signed documents as the agent instructs. Form FM-02 must be completed in SAPI's format without alterations; filings are made at SAPI's single service window, by email to its virtual window or through the WEBPI system, in practice by the agent.

How long

Process and timeline

Example: direct filing, no return for correction and no opposition. Periods marked "statutory" are set by law; Bulletin periods run from the date the issue takes effect and are counted in business days.

  1. Step 1

    Pre-filing search (required by SAPI)

    Order a paid phonetic search from SAPI, plus a figurative search if the mark has a device; the report is issued in about 3 days and the search receipt is filed with the application

  2. Step 2

    Filing

    File form FM-02, the reproduction, the search receipt and the power of attorney for each class and pay the fees; SAPI time-stamps the filing to fix its order

  3. Step 3

    Formal examination

    If the application does not meet Article 71 of the law, SAPI issues a return notice; reply within 30 business days (statutory); corrections made in time keep the original filing date

  4. Step 4

    Two publications

    First in SAPI's digital newspaper, then as an application open to opposition in the Industrial Property Bulletin; Bulletin periods run from the issue's effective date

  5. Step 5

    Opposition period

    30 business days from Bulletin publication (statutory); if opposed, you have 15 business days to review the opposition and a further 15 business days to reply (statutory)

  6. Step 6

    Substantive examination and approval notice

    With no opposition, or an unsuccessful one, SAPI examines registrability; approvals and refusals are both published in the Bulletin, and a refusal can be challenged within 15 business days (statutory)

  7. Step 7

    Registration fee and certificate

    Pay the registration fee within 30 business days of the approval notice (statutory), or the approval lapses; the certificate is then issued and the registration runs for 15 years from the registration date

SAPI publishes no verifiable statistics on examination times. Its website FAQ says about 8 months to 1 year without incidents; that is SAPI's own statement, not a statistic, and individual cases can take longer. The Bulletin appears roughly monthly, and SAPI announces the opposition, reply and payment periods for each issue separately.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees follow the schedule in SAPI Official Notice DG-0014-2021 of September 2021 and are expressed in Petro (PTR), a unit of account converted at the reference value published by the Central Bank of Venezuela (fixed at 60 US dollars per Petro). Fees are charged per application, and one application covers one class, so every extra class means another full set of fees. The application form and digital newspaper publication are paid at filing and the registration fee after approval; small stamp duties expressed in tax units (UT) also apply.

ItemChargedAmountApprox. USD
Paid on filing
Filing fee (form FM-02 plus publication in SAPI's digital gazette; one class per application; SAPI tariff set in Petro (1.80 PTR), converted at the central bank reference 1 PTR = USD 60)Per application108 USDUSD 108
Pre-filing phonetic search fee (required by SAPI, per search; SAPI tariff set in Petro (0.72 PTR), converted at the central bank reference 1 PTR = USD 60)Per application43.20 USDUSD 43.20
Paid on registration
Registration fee (payable within 30 working days of publication of the grant; one class per application; SAPI tariff set in Petro (3.50 PTR), converted at the central bank reference 1 PTR = USD 60)Per application210 USDUSD 210
Payable when applicable
Graphic search fee (additional for figurative or composite marks, per search; SAPI tariff set in Petro (0.72 PTR), converted at the central bank reference 1 PTR = USD 60)Per application43.20 USDUSD 43.20
Keeping the registration
Renewal fee (every 15 years, filed within 6 months before expiry; surcharge in the grace period; SAPI tariff set in Petro (4.00 PTR), converted at the central bank reference 1 PTR = USD 60)Per application240 USDUSD 240
Other
Recordal of assignment (per registration; SAPI tariff set in Petro (1.50 PTR), converted at the central bank reference 1 PTR = USD 60)Per application90 USDUSD 90
Recordal of change of name (per registration; SAPI tariff set in Petro (1.50 PTR), converted at the central bank reference 1 PTR = USD 60)Per application90 USDUSD 90
Recordal of change of address (per registration; SAPI tariff set in Petro (1.50 PTR), converted at the central bank reference 1 PTR = USD 60)Per application90 USDUSD 90
Recordal of licence (per registration; SAPI tariff set in Petro (2.00 PTR), converted at the central bank reference 1 PTR = USD 60)Per application120 USDUSD 120

Source: sapi.gob.ve · current fees in force since 2021-09-13 · checked on 2026-10-11

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: a word mark in 1 class costs 1.80 PTR at filing (about USD 108) and 3.50 PTR on approval (about USD 210), 5.30 PTR in total (about USD 318); the pre-filing phonetic search is a further 0.72 PTR, and a figurative mark needs a figurative search for another 0.72 PTR. The same mark in 3 classes means 3 applications: 3 × 5.30 = 15.90 PTR (about USD 954) in application and registration fees.

After registration: renewal 4.00 PTR; assignment, change of name or change of address 1.50 PTR each; recording of a licence 2.00 PTR; amendment before registration 1.00 PTR; correction 0.44 PTR. Stamp duty is set in tax units according to SAPI's website (0.4 UT for an application, 0.02 UT for renewals and similar filings), at the tax unit value in force when you pay.

Currency and payment channel: a 2019 SAPI notice requires foreign applicants to pay in Petro, while Venezuelan applicants may pay the bolívar equivalent at the reference value; the accounts SAPI currently publishes are bolívar accounts for Venezuelan applicants, and payment for foreign applicants is arranged by the local agent under SAPI's requirements at the time.

Service fees, including the Venezuelan agent's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Venezuela and common refusals

These are the most common issues in Venezuelan examination, together with rules specific to Venezuela under the 1955 Industrial Property Law that are easy to overlook.

One class per application

The law allows each application to cover one class only, and exclusive rights extend only to the registered class. To protect 5 classes you file 5 applications, pay 5 sets of official fees and go through 5 publications and examinations. Settle the classes before filing so you do not pay for marginal ones.

A "better right" opposition goes to court

Opposition grounds fall into two groups. If the opponent argues that the mark falls under the prohibitions in Articles 33 to 35 of the law, the Registry decides. If the opponent claims a better right than yours, including prior use, the Registry sends the file to the civil court of first instance and the administrative procedure is suspended until the court rules. Such oppositions can delay registration for a long time, so check for prior local use before filing.

Approval lapses if the registration fee is not paid within 30 business days

Once approval is published in the Bulletin, the registration fee must be paid within 30 business days; otherwise the approval lapses, the file is closed and you have to start again. SAPI announces the payment window for each Bulletin issue, so have your agent watch the Bulletin closely.

2 years of non-use is enough for cancellation

The law provides that a registration unused for 2 consecutive years lapses, far shorter than the 3 to 5 years common elsewhere. Start genuine use in Venezuela soon after registration and keep evidence; cancellation requests are filed at SAPI's single service window.

Fees are set in Petro and foreign applicants pay through a special channel

SAPI's schedule uses Petro as its unit of account, converted at the Central Bank's reference value; since 2019 SAPI has required foreign applicants to pay in Petro, and the accounts it currently publishes serve Venezuelan applicants only. The agent arranges payment, so ask at the quotation stage exactly how the fees are converted and paid.

Similarity to earlier registrations and descriptive terms

Marks visually or phonetically similar to a registered mark for the same or similar goods are refused, as are marks likely to be confused with an earlier registration or to suggest a false origin or quality. Generic terms, words indicating the kind, nature, origin or quality of the goods, a single colour or combination of colours, and geometric shapes lacking novelty cannot be registered either. SAPI requires a search before filing, and its results directly reduce this risk.

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After registration

Keeping the registration

A Venezuelan registration lasts 15 years from the registration date. No declaration of use is required during that time, but 2 consecutive years of non-use causes it to lapse, and renewal must be applied for within the 6 months before expiry.

WhenWhat to doOfficial fee
Any time after registrationUse the mark in Venezuela and keep evidence; after 2 consecutive years of non-use the registration lapses and anyone can request cancellationNone
Within the 6 months before expiry, every 15 yearsFile renewal form FM-04 with a copy of the registration certificate and a power of attorney; renewals are not published4.00 PTR plus 0.02 UT stamp duty
Within 6 months after expirySince July 2024 SAPI allows a 6-month grace period in which a late renewal can still be filed4.00 PTR plus the surcharge in SAPI's schedule
Any timeRecord assignments, changes of name or address and licences with SAPI; an unrecorded assignment cannot be enforced against third parties; documents signed abroad must be notarised, translated and apostilledAssignment or change 1.50 PTR each, licence 2.00 PTR

When a mark is assigned, unless otherwise agreed, the assignor's other identical or similar marks are deemed assigned with it; a trade name can only be transferred with the business, and a slogan only with the mark it belongs to.

SAPI does not handle infringement itself; rights holders must go to court. Brand registries on e-commerce platforms usually also require a registered or pending mark.

FAQ

Trademark registration in Venezuela

How much does trademark registration cost in Venezuela?

Official fees are expressed in Petro (PTR) and charged per application, with one class per application: 1.80 PTR for the application form and digital newspaper publication, then a 3.50 PTR registration fee after approval, 5.30 PTR in total. 1 PTR is converted at the Central Bank of Venezuela's reference value of 60 US dollars, so about USD 318 per class, plus the pre-filing search (0.72 PTR per search) and small stamp duties. 3 classes mean 3 applications and 3 sets of fees. Service fees are quoted by the agent after you submit the order.

How long does trademark registration take in Venezuela?

SAPI publishes no statistics on examination times; its website FAQ says about 8 months to 1 year without incidents. The statutory milestones are 30 business days to reply to a formal return, 30 business days for opposition after Bulletin publication, and 30 business days to pay the registration fee after approval is published. If a "better right" opposition is filed and sent to court, the procedure is suspended and takes considerably longer.

Can I register a trademark in Venezuela through the Madrid System?

No. Venezuela is not a Madrid System member, so an international registration cannot designate Venezuela; a local industrial property agent must file directly with SAPI. Venezuela is a Paris Convention member, so if your home application is less than 6 months old you can claim Paris Convention priority, but the law sets no procedure for the declaration, so follow the agent's instructions.

Can one Venezuelan application cover several classes?

No. The 1955 Industrial Property Law allows one class per application, and exclusive rights extend only to the registered class; to protect several classes you file, pay and are examined separately for each. Since February 2020, classes follow the Nice Classification.

Does the power of attorney for Venezuela need notarisation and legalisation?

Yes. SAPI requires a notarised power of attorney; one signed abroad must also be translated into Spanish by a Venezuelan sworn public translator and legalised by consul or apostilled. Venezuela is party to the Apostille Convention, so if your country is too, an apostille replaces consular legalisation. Once the power is entered in SAPI's register of powers of attorney, later applications can cite its number.

How long does a Venezuelan trademark last, and when can it be cancelled for non-use?

15 years from the registration date, renewable indefinitely for 15-year periods; apply within the 6 months before expiry, and since July 2024 SAPI allows a 6-month grace period after expiry with a surcharge. A registration unused for 2 consecutive years lapses and anyone can request cancellation, so start genuine use in Venezuela soon after registration and keep evidence.

Other IP rights

Patents: Venezuela is not a PCT member, so patents are filed directly with SAPI under the 1955 Industrial Property Law; its rules on patent term and patentable subject matter differ considerably from international practice, and since October 2020 SAPI directly applies the more favourable provisions of the TRIPS Agreement, so SAPI's current examination practice prevails.

Designs: protected as "industrial model or design" patents, also filed with SAPI under the 1955 law; Venezuela is not party to the Hague Agreement, so you file directly.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

Colombia　·　Brazil　·　Peru　·　Ecuador

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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