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Revisiting Trademark Protection in Venezuela and How United States Brands Can Benefit

By Robert H. Thornburg · November 2, 2026

Published November 2, 2026 · Last reviewed November 2, 2026 · Robert H. Thornburg

Why Venezuela Is Back on the Map

For U.S. brand owners, 2026 reopened Venezuela as a market worth protecting. Since the January 3, 2026 removal of Nicolás Maduro, Washington has restored a diplomatic presence in Caracas and OFAC has issued a steady stream of general licenses easing parts of the sanctions program.

Brand owners are already reacting. Foreign trademark filings at Venezuela’s Autonomous Intellectual Property Service (SAPI) rose 50.3% in 2024, and practitioners report more international filings in 2026 than in years.

Venezuela is a strict first-to-file country. A distributor, former partner or squatter who files your mark first can block your entry. This post explains what changed, what the law now requires, what it costs, and how U.S. brands should file.

What Changed After Maduro’s Ouster

The political and sanctions landscape shifted more in 2026 than in the prior decade. The key dates for brand owners:

Date (2026)DevelopmentWhy it matters to brand owners
Aug 27OFAC replaces GL 61 with a new general license for supplying certain items and services to VenezuelaContinued, incremental opening of commercial channels
Jun 18–25OFAC issues GL 24A (telecommunications), GL 5X, GL 59 and GL 60 (earthquake relief through Oct 23, 2026)Communications and payments infrastructure easier to use
Mar 13OFAC issues GL 46B, 48A and 49A, replacing earlier versionsBroader supply and services authorizations
Feb 2Interim President Delcy Rodríguez names a cabinet; a new U.S. chargé d’affaires reopens the U.S. mission, closed since 2019Restored diplomatic channel for trade and IP concerns
Jan 29National Assembly opens the oil sector to private investment; OFAC issues GL 46 the same dayFirst wave of U.S. commercial re-entry
Jan 3U.S. forces capture Nicolás Maduro in CaracasEnds 13 years of Maduro rule; transition begins

Two cautions belong in any business plan. First, the transition is incomplete. Much of the prior government remains in place, and some analysts describe it as an “arrested” transition rather than a democratic one. Others see it as an opening for a constitutional transition.

Second, sanctions have been eased, not lifted. The Government of Venezuela and PdVSA remain blocked parties, and screening is still required. Importantly, OFAC’s Venezuela program has long authorized U.S. persons to file, prosecute and maintain trademarks in Venezuela and to pay the related official and attorney fees. Confirm the current license terms before each payment.

Venezuelan Trademark Law: The Framework and Recent Revisions

The governing statute has not changed: Venezuela still applies the 1955 Industrial Property Law, in force since its 2006 exit from the Andean Community. As of this writing, no new trademark statute has been enacted. What has changed is SAPI practice, through official notices and examination policy.

Core Rules U.S. Applicants Must Know

The costliest mistakes happen before filing: a U.S. brand that files first, completes the search and gets its paperwork right avoids most later disputes.

Recent Statutory and Regulatory Updates

WhenChangeEffect
May 2026SAPI signals acceptance of evocative marks.More room to register suggestive brand names
Jun 2026Practitioners call for comprehensive IP reform and interim SAPI guidelines while the Assembly acts.Reform remains pending; watch the National Assembly
2024Government presents a reform bill updating marks, trade names, slogans, collective and certification marks, and Gis.Signals future statutory modernization
Jul 2, 2024Official Notice SAPI-DRPI-AO No. 15-2024 restores a six-month renewal grace period, at three times the normal fee.First grace period since 2008
Sep 18, 2023SAPI resumes trademark renewals for new 15-year terms.Lapsed portfolios can be maintained again
Sep 13, 2021Official Notice DG-0014-2021 resets official fees.Fee basis for current tariffs
Nov 9, 2020SAPI announces direct application of the TRIPS Agreement.Broader examination standards
Feb 7, 2020Resolution DG-001-2020 makes the Nice Classification mandatory.National classes abandoned

The trend favors foreign owners: renewals are back, a grace period exists, examination follows international norms, and SAPI’s 2025 output rose to 23,126 registrations, up 15.7%.

What It Costs: Filing, Prosecution and Registration Fees

Budget roughly US$1,250 to US$5,850 per mark, per class, for an unopposed filing through registration, depending on the provider. Official fees are set in bolívars, pegged to the Central Bank (BCV) reference rate, so their dollar value moves daily; confirm current figures before paying.

StageOfficial fee (last published USD equivalent)Published all-in quotes (official + professional)Notes
Mandatory clearance search~US$240 word or figurative; ~US$475 combined (2018 schedule)US$590 per mark per classPhonetic search ~3 days; graphic search 7+ days
Filing (application)US$108 word or figurative; US$153 combined (2021 schedule)US$945 per class to US$1,960One class per application
Publication (Bulletin + newspaper)US$47 Bulletin publication (2021 schedule)Usually included in filing quotesNewspaper notice due within 2 months of SAPI’s order
Prosecution (office actions, opposition response)Opposition filing carries its own official fee since 2020Quoted separately, by the hour or flat30 business days to respond; no reply = abandonment
Registration / certificate issuanceUS$210 (2021 schedule)US$300 to US$3,300Pay within ~30 business days of grant or the application lapses
Full cycle, unopposed, one class~US$605–885 official€1,250 to US$5,850Excludes POA apostille and sworn translation
Renewal (15 years)~US$165 (2018 schedule)VariesGrace-period renewal costs 3x the standard fee

Add the U.S.-side costs of notarizing and apostilling the power of attorney, and a sworn Venezuelan translation. Timelines matter too: an unopposed application takes about 12 to 24 months, and an opposed one four years or more.

Venezuela’s trademark office is busier than at any point since 2018: registrations reached a record 23,126 in 2025, and applications have grown 76% from their 2020 low.

Registrations now outpace filings because SAPI’s leadership, in place since 2023, is clearing a backlog of long-pending applications, some over a decade old. SAPI published 11 Industrial Property Bulletins in both 2024 and 2025, versus 6 in 2023. About 271,787 trademarks were in force in Venezuela in 2023.

Metric20212022202320242025
Applications, change vs. prior year+22.5%+27.5%−2.4%+20.1%+9.9%*
Registrations, change vs. prior year+243%+38.2%≈ +47%≈ +20%+15.7%
Foreign (non-resident) share of applications—35.6%33.9%42.4%—
U.S. share of foreign applications—32.1%27.6%——
Industrial Property Bulletins published——61111
SAPI trademark examiners6648—

U.S. Applicants Lead Foreign Filers

U.S. companies file more Venezuelan trademark applications than any other foreign country, more than twice China, the next largest.

WIPO has not yet published 2024 filings by country of origin, but total foreign filings rose 50.3% that year, to 6,039.

Top Five Classes of Goods and Services

From 2021 through 2024, the five most-filed classes were pharmaceuticals (Class 5), advertising and retail services (Class 35), coffee, tea and staple foods (Class 30), clothing (Class 25), and software and electronics (Class 9).

For U.S. brands, the busiest classes are also the most crowded. Expect more conflicts in clearance searches in these five classes, and file early before a local applicant takes a similar mark.

Five Key Recommendations for U.S. Brands

  1. File now, before you announce a Venezuelan partner. Venezuela is first-to-file, and distributors and squatters have long registered foreign brands. File before signing distribution, licensing or franchise deals, and use the six-month Paris Convention priority window from your U.S. filing where it is still open.
  2. Prioritize classes deliberately. Because every class is a separate application with separate fees, start with the classes that carry current revenue. File the core word mark first, then the main logo. Consider the Spanish-language version of the brand and key slogans.
  3. Get the paperwork right the first time. Have the power of attorney notarized and apostilled in the U.S., and use a sworn Venezuelan translator. Defective formalities are among the most common causes of delay and abandonment. Calendar the 30-business-day opposition and response deadlines and the post-grant registration fee deadline.
  4. Build an OFAC compliance file. Confirm that each payment to SAPI and to local counsel falls within OFAC’s authorization for intellectual property transactions, screen your local agent and partners, and keep records. The licenses are evolving month to month.
  5. Plan for use, recordal and enforcement. Document Venezuelan use from day one to defeat two-year non-use attacks. Record licenses with SAPI so licensee use counts. After registration, record marks with customs, watch the SAPI Bulletin, and monitor online marketplaces. Restore any lapsed marks through renewal or the grace period.

The Bottom Line

Venezuela’s market is reopening faster than its trademark statute is changing, and the first-to-file rule rewards brands that move early. Securing registrations now costs a few thousand dollars per class; recovering a squatted mark later can cost far more and may fail. MiamiTrademarkLaw.com helps U.S. brands clear, file and protect marks in Venezuela and across Latin America.

Contact us at [email protected] to address protection, registration and enforcement of your brand in Venezuela.

This article is general information, not legal advice, and reflects the law as of the date it was last reviewed. Reading it or contacting us does not create an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

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