Venezuela IP News | COVAPI Webinar Addresses PTO’s Trademark Refusals

Last Friday, COVAPI ˗the Venezuelan IP Agents Association- held a webinar and I was fortunate enough to take part in its panel.

The panel included Maria Angelica Jaramillo and Laura Rada; and also COVAVI Board Members Annette Angulo (Secretary) and José Gutierrez (Chair).

We discussed the PTO’s practice of refusing trademark registrations outside of the specific grounds for refusal set out in the Venezuelan Industrial Property Law, and the remedies available to applicants.

Part of the problem stems from the Industrial Property Law not being reformed since it was passed in 1955, thus not prescribing specific grounds for refusing certain trademarks, i.e. where they are not inherently distinctive. The other part of the problem results from the PTO coming up with what seems to be an incorrect interpretation of article 27 of the law, for the purpose of illegally refusing close to 9,000 trademark applications based on such interpretation, during the last 10 years.

A third variable discussed within the webinar had to do with the need for the PTO to open up to a more fluid interaction with COVAPI and other organizations, ranging from public agencies, both domestic and international, such as WIPO and other PTO’s throughout the region, as well as private, such as INTA and ASIPI. All of this with the aim of further contributing to the educations and development of its staff and examiners.

Reference was also made to recently appointed authorities at the PTO and the opportunity they have in terms of putting an end to this specific pattern of refusing trademark applications, when there are no clear legal grounds supporting such decisions.

This was the first of several topics COVAPI wishes to address via web sessions with local colleagues and the general public to open a discussion forum, thus we can expect new dates to be announced. Click here to follow COVAPI’s Twitter account.