Is Your Venezuelan Brand Protected in the United States?
¿Su marca venezolana está protegida en Estados Unidos?
South Florida, and Doral in particular, is home to one of the largest Venezuelan business communities outside Venezuela. Many Venezuelan brands now sell in the U.S. through companies formed here, while others are still owned from Caracas or Valencia. Venezuela is not a Madrid Protocol member, so the route to U.S. protection is a direct USPTO filing.
Venezuelan trademark filings at the USPTO, 2021 to 2026
Only about 20 to 30 U.S. applications a year list an owner with a Venezuelan address. Most Venezuelan-owned brands in the U.S. are filed by Florida or Delaware companies formed by their owners, which makes choosing the right owner the first decision.
U.S. applications filed by Venezuelan owners
Applications per filing year from owners with an address in Venezuela. The 2026 bar covers January through September.
View data table
| Filing year | Filed | Registered to date | Via Madrid |
|---|---|---|---|
| 2021 | 18 | 5 | 0 |
| 2022 | 20 | 9 | 0 |
| 2023 | 24 | 15 | 0 |
| 2024 | 29 | 16 | 0 |
| 2025 | 22 | 9 | 0 |
| 2026 (Jan.–Sept.) | 25 | 3 | 0 |
Most common classes in Venezuelan filings
Applications naming each class, 2021 to 2025. A filing can name more than one class.
Venezuela's leading sectors: food and arepa products, cosmetics, apparel, rum and spirits, and music and entertainment.
Top five Venezuela-based owners of live U.S. trademark registrations
Current owners with an address in Venezuela, ranked by the live U.S. registrations they hold. In all, 212 live U.S. registrations list an owner in Venezuela.
View data table
| Rank | Owner | Live U.S. registrations |
|---|---|---|
| 1 | C.A. Sucesora de José Puig y Cía. | 12 |
| 2 | Convencaucho Industrias, S.A. | 6 |
| 3 | Chocolates El Rey, C.A. | 5 |
| 4 | Glassven C.A. | 4 |
| 5 | Once Once, C.A. | 3 |
Counts the last listed owner of each live registration, grouping variations of the same company name. Registrations held through U.S. subsidiaries are not included.
How we counted. USPTO trademark records, retrieved October 27, 2026, counting applications by filing date where an owner's address is in Venezuela. Brands owned through U.S. subsidiaries are counted under the U.S. The "registered" figures include registrations later cancelled.
How Venezuelan applications fare at the USPTO
The USPTO issued 18 registrations to Venezuelan owners in 2025, up 12% from 2021. Today, 212 live U.S. registrations and 36 pending applications name an owner in Venezuela.
Applications filed and registrations issued
Applications by filing year, and registrations by the year they issued. A registration usually issues 12 to 18 months after filing.
View data table
| Year | Applications filed | Registrations issued |
|---|---|---|
| 2021 | 18 | 16 |
| 2022 | 20 | 6 |
| 2023 | 24 | 6 |
| 2024 | 29 | 19 |
| 2025 | 22 | 18 |
How Venezuelan owners file: the filing basis
Share of 2021–2025 applications claiming each basis. An application can claim more than one.
Intent to use lets a brand reserve its U.S. rights before launch. Because Venezuela is not a Madrid member, none of these filings could use the Madrid route.
View data table
| Basis | Applications | Share |
|---|---|---|
| Intent to use · § 1(b) | 71 | 63% |
| Use in U.S. commerce · § 1(a) | 30 | 27% |
| Home registration · § 44(e) | 6 | 5% |
| Priority claim · § 44(d) | 7 | 6% |
| Madrid designation · § 66(a) | 0 | 0% |
What happened to Venezuelan applications, by filing year
Status today of applications filed each year. Recent years are still largely pending.
View data table
| Filing year | Registered | Abandoned | Pending or other |
|---|---|---|---|
| 2021 filings | 5 | 13 | 0 |
| 2022 filings | 9 | 9 | 2 |
| 2023 filings | 15 | 7 | 2 |
| 2024 filings | 16 | 11 | 2 |
| 2025 filings | 9 | 5 | 8 |
Most abandonments follow an unanswered USPTO refusal or a missed deadline to file a statement of use. Both are avoidable with a U.S. attorney docketing the file.
A SAPI registration stops at the border
Trademark rights are territorial. A registration from Servicio Autónomo de la Propiedad Intelectual (SAPI) protects your brand in Venezuela, and nowhere else. In the United States, another company can file for the same name, and if it files first or uses it first, it can block your products, your Amazon listings, and your U.S. distributors.
Most Latin American systems give rights to whoever registers first. The U.S. system is different: rights come from use in the U.S., and a federal registration extends them nationwide. An application filed before you launch, on an intent-to-use basis, secures your U.S. priority date before your first shipment.
Signs you should file in the U.S. now
- You are appointing a U.S. importer, distributor, or franchisee
- You plan to sell on Amazon.com or other U.S. marketplaces
- Your products are already sold in Miami or elsewhere in the U.S.
- You are opening a U.S. location or a U.S. subsidiary
- You have found a U.S. company using a similar name
Sanctions screening
Before engagement, the firm screens every Venezuelan client and transaction against current U.S. sanctions rules administered by the Treasury Department's Office of Foreign Assets Control.
How a Venezuelan brand gets U.S. protection
A direct USPTO application
Venezuela is not a member of the Madrid Protocol, so a Venezuelan owner cannot extend a SAPI filing to the U.S. through WIPO. Protection requires an application filed directly with the USPTO by a U.S.-licensed attorney.
The application can be based on use in U.S. commerce, a bona fide intent to use, or the Venezuelan filing itself under Section 44 of the Lanham Act.
Using your SAPI filing in the U.S.
- Section 44(d): file in the U.S. within six months of your SAPI application and claim its filing date as your U.S. priority date
- Section 44(e): rely on your SAPI registration, so the U.S. registration can issue without proof of U.S. use
- Either way, U.S. use must be shown between years 5 and 6 to keep the registration
Why a Venezuelan owner needs a U.S. attorney
Since August 3, 2019, every applicant or registrant domiciled outside the United States must be represented before the USPTO by an attorney licensed in a U.S. state. That covers new applications, responses to refusals, oppositions, and post-registration filings.
We act as the U.S. attorney of record for Venezuelan companies and work alongside their SAPI filing firm, which stays involved in the strategy.
Selling into the U.S.
- Amazon Brand Registry: Amazon recommends a trademark for each store you sell in, which for Amazon.com means a USPTO filing
- U.S. Customs recordation stops counterfeit imports once the mark registers
- Miami's port, airport, and distributors are the gateway for many Venezuelan products entering the U.S.
Who does what for your U.S. filing
Each matter is handled by a U.S.-licensed attorney, supported by paralegals and docketing staff who manage documents, deadlines, and communication. You always know who is responsible for each step.
Attorneys
Your U.S. attorney of record before the USPTO.
- Clearance search review and a written risk opinion
- Choice of owner, filing basis, and route (direct filing, with priority where available)
- Drafting goods and services in U.S. form
- Responses to USPTO refusals, oppositions, and letters of protest
- Enforcement against U.S. infringers and marketplace sellers
Paralegals and docketing
The people who keep your file complete and on time.
- Collecting SAPI filings, certificates, and translations
- Reviewing specimens and evidence of U.S. use
- Preparing filings and USPTO forms for attorney review
- Docketing every USPTO and maintenance deadline
- Preparing CBP recordation and Amazon Brand Registry paperwork
Client communication
Built for owners and counsel outside the U.S.
- Service in English and Spanish
- WhatsApp and email updates at each step
- Copies of every USPTO notice with a plain explanation
- Invoices in U.S. dollars with wire instructions
- Coordination with your SAPI filing firm
Working with your home counsel
Many Venezuelan brands reach us through their SAPI filing firm. We take instructions from that firm, report back in Spanish or English, and keep the client relationship where it belongs. Our role is the U.S. side: filing, examination, deadlines, and enforcement.
Foreign Trademark Counsel explains how we work with firms abroad.
Fees and paying from abroad
- Invoices in U.S. dollars, with wire transfer instructions
- USPTO fees passed through at cost
- A written estimate before each filing or response
Top five filing mistakes Venezuelan applicants make
These are the errors we see most often in U.S. filings by Venezuelan brand owners. Most cannot be fixed after the application is filed.
Filing in the wrong owner's name
Families and partners who emigrated often file in a personal name, a new Florida company, or the old Venezuelan company without deciding which one owns the brand. A filing in the wrong name can be void.
Ownership · void ab initioDecide which entity controls the brand and its quality, and document transfers before filing.
Relying on years of use in Venezuela
Sales in Venezuela create no U.S. rights. A later U.S. user or applicant can take priority in the U.S. even if the Venezuelan brand is decades older.
TerritorialityFile in the U.S. as soon as U.S. sales are planned; an intent-to-use filing secures priority.
Missing the six-month priority window
A U.S. application filed within six months of the SAPI application can claim its filing date. Owners who wait lose that earlier date.
Section 44(d)Coordinate the U.S. filing with the home filing so the priority claim is available.
Ignoring sanctions and payment issues
Payments, licenses, or assignments involving sanctioned persons or entities can be prohibited, and delays in payment can cost filing deadlines.
Sanctions complianceExpect screening at intake and arrange payment from an account outside restricted channels.
Untranslated Spanish wording
Spanish words in a mark must be translated in the application. A Spanish word that describes the product, such as a food name, is treated like its English equivalent and refused as descriptive.
Foreign equivalentsCheck what the mark means in English before filing and choose a distinctive term.
Frequently asked questions
Does my SAPI registration protect my brand in the United States?
No. Trademark rights are territorial. A SAPI registration protects your brand in Venezuela only, and someone else can register it at the USPTO first.
Do I need a U.S. attorney?
Yes. Since August 3, 2019, applicants and registrants domiciled outside the U.S., including in Venezuela, must be represented at the USPTO by a U.S.-licensed attorney.
Can I file through the Madrid Protocol from Venezuela?
No. Venezuela is not a Madrid member, so U.S. protection requires a direct application to the USPTO.
Should my U.S. company or my Venezuelan company own the U.S. trademark?
It depends on which company controls the brand and its quality. We review the structure before filing, because the wrong owner can invalidate the application.
How do I pay from abroad?
Our invoices are in U.S. dollars, with wire transfer instructions. Government fees are passed through at cost.
How long does a U.S. application take?
Most applications take 12 to 18 months from filing to registration. A refusal, an opposition, or an intent-to-use basis can add several months.
What if someone has already registered my brand in the U.S.?
We review the earlier registration to see whether it is vulnerable, for example for nonuse, abandonment, or bad faith by a former distributor. Options include a cancellation petition, a negotiated coexistence or assignment, or a change of brand for the U.S. market.
Can I register a Spanish word as my U.S. trademark?
Yes, but the USPTO translates it. If the English meaning describes the goods, the mark is refused just as the English word would be. The application must include a translation of any Spanish wording.
What does a direct U.S. application cost?
The USPTO filing fee is $350 per class. Professional fees are quoted in writing in U.S. dollars before filing.
Agende una consulta
Tell us your brand, what you sell, and where in the U.S. you plan to sell it. We will check the U.S. register, recommend the right filing basis, and give you a written estimate in U.S. dollars.
- U.S. clearance searches
- Direct USPTO filings with Section 44 priority
- Responses to USPTO refusals
- Amazon Brand Registry and U.S. Customs recordation