VENEZUELA Trends and Developments Contributed by: Dana Bentata, Anette Beyer and Biddy Fraga Bentata, Bentata Abogados
Outlook for 2027 The trends described in this chapter of the guide are likely to continue into the latter part of 2026 and into 2027. Beyond the trade mark sphere, several broader developments point to the possibility of meaningful change across the IP landscape. Venezuela’s recent legislative reforms in the energy and mining sectors – including the January 2026 par- tial reform of the Organic Hydrocarbons Law and the April 2026 enactment of a new mining law intended to attract private and foreign investment – reflect a wider policy interest in modernising outdated regula- tory frameworks. Given that the LPI and the Copyright Law of 1993 remain among the most dated IP regimes in the region, any reform bringing them into closer alignment with contemporary international standards would be a meaningful development for rights-holders operating in the country. Separately, the phased eas- ing of US sanctions through a series of OFAC general licences issued since January 2026 may contribute to renewed foreign interest in the Venezuelan market, which may contribute to an increase in trade mark filings, portfolio reactivations and oppositions, cancel- lation actions, and other contentious proceedings as domestic and foreign actors compete for brand space in a gradually reopening market. In the near term, however, administrative practice will likely remain the main source of legal development. The anticipated decision in the Maria Especial mat- ter may prove particularly important in clarifying the scope of permissible variant use and the role of noto- riety in cancellation proceedings. For rights-holders, the practical implications are clear: the IP Office has demonstrated a readiness to order cancellation where evidence of use is insufficient, and trade mark rights cannot be treated as passive or self- sustaining assets. In this environment, brand owners would be well advised to conduct a timely review of their Venezuelan portfolios and supporting use evi- dence to reduce exposure and preserve the enforce- ability of their rights.
• Use the mark as registered or consider filing anew – Although jurisprudence in this area is still evolv- ing, rights-holders should ensure that the mark as used in commerce matches the mark as registered across both verbal and visual elements. Where the mark in use differs from the registered version, rights-holders should consider filing a new applica- tion with the updated design (such as new logo or colours) and limit the classes and goods or ser- vices to align with the applicant’s actual business activities, rather than seeking overly broad protec- tion. • Reassess dormant registrations – A registra- tion maintained primarily as a defensive asset is exposed to cancellation if not supported by genuine commercial activity in the country. Where genuine commercial use is not currently feasible, rights-holders should either reassess their com- mercial engagement with the Venezuelan market or evaluate whether the registration remains strategi- cally justified in light of the broader portfolio. • Document use contemporaneously – Evidence of use must be dated within the relevant two-year period and clearly attributable to the rights-holder or an authorised licensee. Rights-holders should maintain a rolling evidentiary record rather than attempting to reconstruct one in response to a cancellation proceeding. • Record changes promptly – Licensing arrange- ments, name changes and assignments should be recorded with the IP Office without delay. Timely recordal is essential to establishing a clear chain of title between licensor, licensee and any sub- distributors – unrecorded arrangements or undocu- mented structural changes create vulnerabilities that can prove fatal to a constructive use defence. • Monitor evolving jurisprudence – While the Maria Especial matter is still pending, the resolution to the open questions the dispute is addressing will have direct implications for portfolio management and brand presentation strategy in the country.
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