Subject: Re: TM-27033-VE-NF[2] – Response to status request – VIVALAC – Application no. 1998 16050 – Cl. 29 - Cadipro Holdings S.A.
From: Luis Henriquez <[email-masked]>
To: "Application, BrandIP.Filing" <[email-masked]>
Cc: "Application, FC-LEGAL GED Memotech" <[email-masked]>, Trademarks Bolet & Terrero <[email-masked]>, Annette Angulo <[email-masked]>, Hillmer Vallenilla <[email-masked]>
Date: Wed, 17 Jun 2026 12:20:00 +0000

Dear Sirs,

There is nothing further required on our end. We will simply close the files related to this trademark in our records and systems.

Best regards,

Luis

On Jun 17, 2026, at 7:19 AM, Application, BrandIP.Filing <[email-masked]> wrote:

Dear Luis,

Thank you for providing the details below.
We confirm that we maintain our previous decision to allow the VIVALAC mark to lapse, as there is no business interest in pursuing this application.
Please let us know if any further action is required from our side.

Many thanks and kind regards,
Nestlé Filing Team

From: Luis Henriquez <[email-masked]<mailto:[email-masked]>>
Sent: Wednesday, June 10, 2026 4:12 PM
To: Application, BrandIP.Filing <[email-masked]<mailto:[email-masked]>>
Cc: Application, FC-LEGAL GED Memotech <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>; Annette Angulo <[email-masked]<mailto:[email-masked]>>; Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>
Subject: Re: TM-27033-VE-NF[2] – Update status request – VIVALAC – Application no. 1998 16050 – Cl. 29 - Cadipro Holdings S.A.

This message is from an EXTERNAL SENDER. BE CAUTIOUS, particularly with links and attachments.
________________________________
Dear Halyna,
Thank you for your email.
Regarding the status of this trademark, please find the updated details below:

  *   Trademark: VIVALAC

  *   Application No.: 1998-16050

  *   Status: Rejected. The application was denied due to the pre-existing registration No. P191761 (Application No. 1988-13882) for the mark VITALAC in International Class 5 (originally registered to PROTINAL COMPAÑÍA ANÓNIMA and currently owned by ENTREPRISES MAGGI, S.A.). The subsequent appeal filed before the Ministry of Commerce had been pending since 2003; however, it has recently been declared lapsed (in the database) due to "administrative silence."

We must highlight a recent practice implemented by the Trademark Office and the Ministry of Commerce aimed at clearing their backlog of older cases. The Ministry has been updating its database to show that many old appeals have expired due to "administrative silence," effectively closing the cases in their system without issuing a formal resolution or notifying the parties.
This unexpected measure is affecting multiple files and can only be identified through manual status checks, as no formal decision is issued and no notification is provided. Under Venezuelan law, this action lacks legal basis and constitutes a de facto measure (vía de hecho). The intellectual property guild in Venezuela is currently engaging with the Trademark Office to assess possible solutions and seek the reversal of these improperly applied statuses. At present, if a trademark owner wishes to maintain their application, the most appropriate initial course of action to challenge this situation is to file a contentious-administrative lawsuit before the courts.
As this irregular closure has occurred with the VIVALAC application, we kindly ask you to confirm whether SPN still has an interest in this mark. If so, we could evaluate the case in greater depth and outline the available legal options, which may include refiling the application.
However, based on the contents of the attached letter dated May 9, 2025, it is our understanding that the VIVALAC mark is no longer of interest to the local business. Please confirm if this is correct. Attached is the referenced email for your review.
We will remain attentive to your comments and instructions.
Best regards,
Luis

On Jun 9, 2026, at 3:31 AM, Halyna Kuchkovska <[email-masked]<mailto:[email-masked]>> wrote:

Dear Colleagues,

Please provide us with the status update of the trademark VIVALAC filed on 27 AUG 1998 under number 1998 16050 in class(es) 29.

Additionally, we kindly request information regarding the estimated timeline for the grant of this application and the issuance of the certificate.
Please update the record (publication, grant, registrations details, certificate) directly on IP Collaboration Hub if the same is available.
Since this inquiry is part of our respective regular files review, we do not anticipate receiving an invoice for this request.

Thank you & Kind regards,

[email-masked]<mailto:[email-masked]>
Société des Produits Nestlé S.A.
1800 Vevey, Switzerland