Requirement to keep patent and trademark applications alive
By Marta García
On November 14, 2018, the Industrial Property Bulletin No. 588 (special issue), published by the Venezuelan PTO (SAPI) on November 12, 2018, entered into force.
This Bulletin contains 21 Administrative Resolutions requesting all interested parties to ratify their interest in the continuation of trademark and patent proceedings in which Administrative Appeals have been filed, in accordance with the provisions of Articles 30 and 53 of the Administrative Procedure Law.
Currently, the Venezuelan PTO has a high backlog of more than 15 years for the publication of decisions regarding Administrative Appeals. Therefore, around 20,000 pending cases have been notified for ratification in this Bulletin in order to try to reduce the amount of cases awaiting a decision.
The PTO has provided a term of two months counted from the date of entry into force of the Industrial Property Bulletin No. 588 for the ratification of Administrative Appeals, i.e. until January 14, 2019.
In case a confirmation for a case is not filed at the PTO within the established term, it will be assumed that there is no interest in maintaining the corresponding appeal proceeding and the case will lapse due to lack of action, according to Article 64 of the Administrative Procedure Law.