Subject: RE: VENEZUELA - 2025-010688 - NOTICE OF OFFICIAL DENIAL - BPI 652 (deadline: May 4, 2026)
From: Milica Tustic <[email-masked]>
To: Hillmer Vallenilla <[email-masked]>, Trademarks Bolet & Terrero <[email-masked]>
Cc: Paula Alfaro <[email-masked]>, "[email-masked]" <[email-masked]>, Guillermo Lopez <[email-masked]>, Annette Angulo <[email-masked]>, Luis Henriquez <[email-masked]>, "MSA FERRARA CANDY LEGAL" <[email-masked]>, MSA FERRARA CANDY <[email-masked]>
Date: Tue, 21 Apr 2026 15:05:47 +0000

Dear Hillmer,

Thank you for your email.

Please note that the client decided to abandon the subject mark as they already have registration in class 30, thus please take no further actions and close your corresponding file.

Best regards,

Milica

Milica Tustic
Senior Trademark Specialist

MSA IP - Milojevic, Sekulic and Associates
Bulevar Mihajla Pupina 6, 11070 Belgrade, Serbia
T: +381 11 785 68 20 / F: +381 11 414 09 90
Email: [email-masked]<mailto:[email-masked]>

From: Hillmer Vallenilla [mailto:[email-masked]]
Sent: Friday, April 17, 2026 10:43 PM
To: Milica Tustic <[email-masked]>; Trademarks Bolet & Terrero <[email-masked]>
Cc: Paula Alfaro <[email-masked]>; [email-masked]; Guillermo Lopez <[email-masked]>; Annette Angulo <[email-masked]>; Luis Henriquez <[email-masked]>; MSA FERRARA CANDY LEGAL <[email-masked]>; MSA FERRARA CANDY <[email-masked]>
Subject: RE: VENEZUELA - 2025-010688 - NOTICE OF OFFICIAL DENIAL - BPI 652 (deadline: May 4, 2026)

Dear Milica,
Thank you for your email.
We agree with the arguments you mentioned for the defense of this case.
As you pointed out, this trademark was recently accepted by the Trademark Office in Class 30 just one month ago. Unfortunately, the Trademark Office's criteria are not always uniform, and different examiners may reach different conclusions despite dealing with the exact same mark. It is very likely that this occurred in the present case.
We believe this decision can be appealed based on the following grounds:

  *   The client already holds a prior registration which was never deemed descriptive or generic.

  *   The mark in question is not a descriptive sign; at most, it could be considered suggestive, as it only conveys a general idea without directly describing products in Class 29.

  *   We can cite cases such as the SWEET TARTS marks, also owned by Ferrara Candy. As you may recall, those marks were initially refused on the same grounds, but we appealed the decision by demonstrating their suggestive rather than evocative character, and they were subsequently granted registration.

  *   In addition to the existing Venezuelan registration, it may be beneficial to submit registration certificates from other jurisdictions.
We estimate the initial chances of success to be between 60-70%.
The costs associated with filing the response (Motion for Reconsideration) are as follows:

  *   Professional Fees: US$ 800 + 16% VAT

  *   Official Fees and Expenses: US$ 60
We look forward to receiving your comments and instructions.
Best regards,

________________________________
De: Milica Tustic <[email-masked]<mailto:[email-masked]>>
Enviado: Viernes, 17 de Abril de 2026 11:24
Para: Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
CC: Paula Alfaro <[email-masked]<mailto:[email-masked]>>; Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>; [email-masked]<mailto:[email-masked]> <[email-masked]<mailto:[email-masked]>>; Guillermo Lopez <[email-masked]<mailto:[email-masked]>>; Annette Angulo <[email-masked]<mailto:[email-masked]>>; Luis Henriquez <[email-masked]<mailto:[email-masked]>>; MSA FERRARA CANDY LEGAL <[email-masked]<mailto:[email-masked]>>; MSA FERRARA CANDY <[email-masked]<mailto:[email-masked]>>
Asunto: RE: VENEZUELA - 2025-010688 - NOTICE OF OFFICIAL DENIAL - BPI 652 (deadline: May 4, 2026)

Dear Colleagues,

Thank you for your email.

As this is a newly filed mark and so far the client wanted to respond to several refusals issued in some other countries, we understand that this case would not be different. The applications has been filed in 18 countries by now and registered in Kuwait, Peru and Venezuela so far.

That said, please advise if your initial advice/recommendations (including success estimation in percentage) would incur any costs so we can seek approval from the client.

Here we note that the identical client's mark in class 30 has been accepted without any refusal previously issued. Can you please advise on the reasons why this mark hasn't been accepted also. Could this be due to different examiners assigned to the cases?

Nevertheless, in addition to the argument of registration of this mark in class 29, we consider that although the mark contains elements like "Flavor" and Experts", when considered in its entirety it does not directly describe type, taste or ingredients of the goods, but it brings indirect, at most suggestive message on the quality and experience. Also, slogans can be registered as trademarks if they are not plain and have a certain twist, and in our particular case the slogan is more of a phrase that sounds like a brand message and is not generic like "good taste" or "high quality". As we consider that the mark must be evaluated as a whole and not dissected into separate elements, element "FLAVOR EXPERTS" as being suggestive at most and element "Since 1976" emphasizing tradition when evaluated within the mark generate specific commercial impression that associate it with our client and no other trader.

Lastly, please advise on the costs related to filing of response and whether you will need anything from us to proceed.

Best regards,

Milica

Milica Tustic

Senior Trademark Specialist

MSA IP - Milojevic, Sekulic and Associates

Bulevar Mihajla Pupina 6, 11070 Belgrade, Serbia
T: +381 11 785 68 20 / F: +381 11 414 09 90

Email: [email-masked]<mailto:[email-masked]>

From: Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Sent: Tuesday, April 14, 2026 9:58 PM
To: MSA FERRARA CANDY <[email-masked]<mailto:[email-masked]>>
Cc: Paula Alfaro <[email-masked]<mailto:[email-masked]>>; Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>; Ruben Calderon <[email-masked]<mailto:[email-masked]>>; Guillermo Lopez <[email-masked]<mailto:[email-masked]>>; Annette Angulo <[email-masked]<mailto:[email-masked]>>; Luis Henriquez <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Subject: VENEZUELA - 2025-010688 - NOTICE OF OFFICIAL DENIAL - BPI 652 (deadline: May 4, 2026)

MILOJEVIC, SEKULIC AND ASSOCIATES

Dear Colleagues,

We regret to inform you that the trademark application for Flavor Experts Since 1976 in class 29, application No. 2025-010688 in the name of FERRARA CANDY COMPANY was published as denied in the Official Bulletin No. 652, currently in force.

The Trademark Office has determined that the aforementioned trademark is subject to the grounds of non-registrability, established in numeral 9 of Article 33 of our Law, which prohibits the registration of generic or descriptive marks.

Please advise as to whether you are interested in maintaining this case, so we may provide our recommendations to file the corresponding Motion for Reconsideration against this decision, which must be filed no later than May 4, 2026. Failure to do so will result in the decision becoming final and the case being closed.

We look forward to receiving your final instructions before the above-mentioned deadline.

Best regards,

<https://galena.byt.com.ve/nb/signatures/trademarks.png>

1 NEGDESC-IN 2025-010688