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21/02/2017
Contribution of experts to Intellectual Property to Venezuelan Entrepreneurs
Por:  Iris Manzano

Many times I have run into passionate and motivated entrepreneurs before starting a new great project. Their ideas are already materialized in their minds and, most importantly, they fervently believe that they are going to undertake those projects.

Having overcome all those different obstacles that the projects of Venezuelan entrepreneurs must face (regardless of the area), the first great doubt arises and, in most cases, entrepreneurs do not have any idea of the answer: can I register my trademark or patent by myself at the Autonomous Service of Intellectual Property, SAPI?

The answer is not so simple. Indeed, the system has been modified so that more people, individually, carry out the registration process on an easy-to-use platform, which is promoted as self-managing. Nevertheless, entrepreneurs should take into consideration certain parameters before proceeding in this matter, which is often relegated, so they do not think that the registration of their trademark or patent can be successfully carried out without requiring further resources.

On this subject, I present to you a more detailed view of the process that your trademark or patent will face, and the reasons why it could be helpful to relegate its registration to a law firm, leaving aside self-sufficiency in legal matters. Thus, you will find here eight reasons to consider the possibility of being advised by experts:

  1. The Law Firm you consult should be the main recipient of your idea, so they may be able to advise you from their experience on your best option in this first challenge: to identify the national and international class in which your brand must enter.

    Suppose you already know the correspondent class to your brand, but, if by legal lack of knowledge, you do not know that your brand applies for more than one class, it could cost you money in long term.

  2. The Law Firm that you consult has the obligation to present all the correct receipts. Many times, entrepreneurs only have knowledge of their product or service, but they may not have the legal experience or the sufficient time to deal with questions such as: can I present my bran with a claim of property? If you do not know what this means, please do not present a trademark or patent by yourself.

  3. Some entrepreneurs resort to an agent simply because a friend of them recommended it or because their fees are much less expensive than those of the law firm. In this case, you can be certain that you project has been submitted, but you should pray that the distinction of your brand is complete within the corresponding class, including logo and description that may sometimes be abstract. In the best case, you will only lose time and money, but it is possible that the agent present your brand before strong mark adversaries and you lose the novelty of the patent.

  4. The Law Firm will always watch over your interests before trademarks or patents that could be subject of conflict. They can advise you when necessary to present an opposite proposal to a third party and avoid future consumer confusion about trademarks.

  5. The entrepreneur should know that, as with other professions, lawyers in the area of Intellectual Property are the only experts in the field. Please do not substitute them for other lawyers because it can cost you time, effort and money.

  6. During appliance of the trademark, which can take approximately one and a half years to complete, it is possible that a third party oppose to you trademark. In this case, experts in Intellectual Property are the only professionals capable of assisting you.

  7. There are two options for those entrepreneurs who decide to turn to a law firm to request a budget and feel overwhelmed thinking how to pay for the service without even started their businesses:
    a) Request a split payment method or some discount offered by some law firms to entrepreneurs and / or;
    b) Seek advice with another firm specialized in Intellectual Property. Remember, it is better to consult a professional in the area than wasting time, effort and money.

  8. The entrepreneur who turns to a law firm specialized in Intellectual Property can experience the peace of being well advised. Then, after achieving your goals in the domestic market, if you consider the possibility of growing your business abroad, you can contact again the same law firm that will surely have contacts worldwide to provide the support required for your brand or patent to become an export product or service.

It is important that the entrepreneur focus his mental and physical energies to continue developing products or services to improve the quality of life of the consumer. Do not invest time, effort and money in a job you know little or nothing, and on which your project depends so much.

Still thinking about presenting your brand or patent by yourself?

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