Venezuelan Intellectual Property Office (SAPI) has established guidelines and criteria for the recognition of well-known trademarks in Venezuela, thanks to the recent recognition of the well-known status of both trade marks BETTY CROCKER and BLUE CROSS as well-known trade marks by SAPI.
The Servicio Autónomo de Propiedad Intelectual granted this status based on the provisions of Article 6bis of the Paris Convention, stated that the notoriety of a mark may be recognized ex officio or at the request of an interested party.
As to the proof of notoriety, the decision established that it must be proved by the party claiming protection, using the guidelines set forth in the preliminary interpretations of the Andean Court of Justice, such as:
- the extent to which the mark is known among the consuming public as a distinctive sign for the goods or services at issue;
- the intensity and scope of diffusion and advertising of the mark;
- the seniority of the mark; and
- the continuity of its use.
To read more, please refer to the WTR website.
- Publication date
- 29 June 2022